DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd t/a Orora Fibre Packaging
(AG2016/693)

ORORA PAPER BOTANY – B9 MACHINE – ENTERPRISE AGREEMENT 2016

Timber and paper products industry
COMMISSIONER ROE	MELBOURNE, 4 MAY 2016

Application for approval of the Orora Paper Botany - B9 Machine - Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Orora Paper Botany - B9 Machine - 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 4 May 2016 and, in accordance with s.54, will operate from 11 May 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Orora Packaging Australia Pty Ltd, trading as Orora Fibre Packaging, applied to the Fair Work Commission for the approval of the Orora Paper Botany - B9 Machine - Enterprise Agreement 2016. The dispute involved the terms of employment for workers at the Botany site, specifically those operating the B9 machine. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement fairly reflected the terms and conditions of employment, whether it was made in good faith, and whether it contained the necessary minimum terms as stipulated by the Act. The Commission examined the process by which the agreement was made, the extent of employer and employee consultation, and the specific provisions of the agreement itself.

After a thorough review, the Commission found that the agreement was made in good faith and that it contained all the required minimum terms. The process of consultation was deemed to be appropriate and comprehensive, with sufficient engagement from both parties. The Commission approved the agreement, recognising that it provided fair and reasonable terms for the employees. The decision was grounded in the evidence presented regarding the negotiation process and the content of the agreement, which met all statutory requirements.

The Fair Work Commission approved the Orora Paper Botany - B9 Machine - Enterprise Agreement 2016, recognising it as a fair and reasonable agreement that met all statutory requirements. The approval was based on the evidence of good faith negotiation and comprehensive consultation between the employer and employees. This decision ensures that the terms of employment for the workers at the Botany site are legally recognised and adequately protected under the Fair Work Act 2009.

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