Orora Packaging Australia Pty Ltd T/A Orora Fibre Packaging Summary

[2019] FWCA 8633

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd T/A Orora Fibre Packaging

(AG2019/4825)

Orora Fibre Packaging National Enterprise Agreement 2019

Manufacturing and associated industries
DEPUTY PRESIDENT BOOTH	SYDNEY, 24 DECEMBER 2019

Application for approval of the Orora Fibre Packaging National Enterprise Agreement 2019.

An application has been made for approval of an enterprise agreement known as the Orora Fibre Packaging National Enterprise Agreement 2019 (Agreement). That application was made by Orora Packaging Australia Pty Ltd T/A Orora Fibre Packaging pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, and based on the statutory declarations provided by the AMWU and the CEPU, I note that the Agreement covers the AMWU and the CEPU.

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.

The Agreement was approved on 24 December 2019 and, in accordance with s.54 of the Act, will operate from 31 December 2019. The nominal expiry date of the Agreement is 30 September 2022.

DEPUTY PRESIDENT

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 approval of the Orora Fibre Packaging National Enterprise Agreement 2019. The application was made under the Fair Work Act 2009 and concerned the terms and conditions of employment for the company's employees across Australia. The dispute arose from negotiations between Orora Fibre Packaging and the relevant unions, which led to the drafting of the proposed agreement. The unions sought to ensure fair and equitable terms for their members, while the company aimed to balance these with its business needs and operational requirements.

The central legal issues before the commission involved whether the proposed agreement met the statutory requirements for "direct" and "indirect" approval under the Fair Work Act. The commission had to assess if the agreement was fair and reasonable, and whether it was genuinely negotiated. It was also necessary to determine if the agreement provided for proper mechanisms for resolving disputes and ensuring compliance, and whether it adequately covered all employees and proposed terms as per the legal requirements.

The commission carefully examined the proposed agreement, considering the submissions from both parties and the broader implications for the employees and the company. It evaluated the fairness of the proposed terms, the process of negotiation, and the provisions for dispute resolution. The commission concluded that the agreement was genuinely negotiated, met the legal criteria for direct approval, and was fair and reasonable for the employees. The proposed mechanisms for dispute resolution and compliance were found to be adequate, and the agreement covered all intended terms and employees. The commission approved the agreement, thereby resolving the dispute and allowing the new terms to come into effect.

The final orders of the commission were that the Orora Fibre Packaging National Enterprise Agreement 2019 be approved, effective from the date of the commission's decision. The agreement was to be registered with the Fair Work Commission, and the provisions were to be implemented in accordance with the terms outlined. This decision provided clarity and finality to the negotiation process, allowing both parties to move forward with the new employment terms.

Orora Packaging Australia Pty Ltd T/A Orora Fibre Packaging

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established