DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd T/A Orora Fibre Packaging
(AG2016/7639)

ORORA FIBRE PACKAGING NATIONAL ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 28 FEBRUARY 2017

Application for approval of the Orora Fibre Packaging National Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Orora Fibre Packaging National Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Orora Packaging Australia Pty Ltd T/A Orora Fibre Packaging. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Orora Packaging Australia Pty Ltd, trading as Orora Fibre Packaging, applied to the Fair Work Commission for approval of the Orora Fibre Packaging National Enterprise Agreement 2016. The dispute centred around the terms of the agreement, which was intended to govern the employment conditions of various employees within the organisation. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval, including its compliance with relevant labour laws and its fairness to both the employer and the employees.

The primary legal issue before the Commission was whether the agreement was, in fact, a genuine enterprise agreement as defined under the Fair Work Act 2009. This required scrutiny of the negotiation process and the content of the agreement to ensure it was not only fairly negotiated but also adhered to the statutory requirements for such agreements. Furthermore, the Commission had to consider whether the agreement was beneficial to the employees and did not unfairly disadvantage them. The negotiation process and the terms of the agreement were examined to ascertain whether they met these criteria.

The Fair Work Commission concluded that the agreement was a genuine enterprise agreement. It found that the negotiation process was fair and that the agreement met the statutory requirements. The Commission also determined that the terms of the agreement were fair and did not unjustifiably disadvantage the employees. The Commission approved the Orora Fibre Packaging National Enterprise Agreement 2016, recognising it as a valid and legally binding document. The approval was based on the finding that the agreement was fairly negotiated and complied with the necessary legal standards.

The Fair Work Commission approved the Orora Fibre Packaging National Enterprise Agreement 2016, affirming its validity and legality. The Commission's decision was grounded in the conclusion that the agreement was genuinely negotiated and met all statutory requirements. The terms of the agreement were deemed fair and not detrimental to the employees, leading to its approval. This decision ensures that the agreement will govern the employment conditions as intended, providing a clear framework for both the employer and the employees.

Orora Packaging Australia Pty Ltd T/A Orora Fibre Packaging

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established