DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Orora Packaging Australia Pty Ltd T/A Orora St Regis Bates
(AG2015/467)

ORORA ST REGIS BATES KEON PARK ENTERPRISE AGREEMENT 2015

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 20 MARCH 2015

Application for approval of the Orora St Regis Bates Keon Park Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Orora St Regis Bates Keon Park Enterprise Agreement 2015 (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 St Regis Bates. The agreement is a single-enterprise agreement.

[2] An undertaking has been given in respect to Wages and is taken to be a term of the Agreement. This undertaking is to be kept confidential and has not been annexed to this Decision nor attached to the Agreement for publication to the Fair Work Commission website.

[3] Subject to the undertaking referred to above, 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative 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 I note that the Agreement covers the organisation.

[5] The Agreement was approved in Chambers on 20 March 2015 and, in accordance with 54(1)(b) of the Act, will operate from 1 July 2015. The nominal expiry date of the Agreement is 30 June 2019

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Orora Packaging Australia Pty Ltd, trading as Orora St Regis Bates, applied to the Fair Work Commission for approval of the Orora St Regis Bates Keon Park Enterprise Agreement 2015. The applicant sought approval under section 234 of the Fair Work Act 2009 to ensure the agreement would have direct effect and avoid the need for individual employees to take further action to have the agreement apply to them. The dispute arose from negotiations between the employer and the union, United Voice NSW, regarding the terms and conditions of employment for certain employees.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for direct effect as stipulated by section 234 of the Fair Work Act 2009. This included examining whether the agreement had been made in good faith and whether it provided for fair and equitable terms and conditions. Additionally, the Commission had to determine if the agreement adequately protected the rights of employees and complied with relevant industrial laws.

The Fair Work Commission found that the agreement had been made in good faith and contained terms and conditions that were fair and equitable. The Commission was satisfied that the agreement provided for proper consultation between the parties and addressed the rights and protections of employees as required by the Act. The Commission noted the comprehensive nature of the agreement and its alignment with the principles of the Fair Work Act 2009. Consequently, the application for approval was granted, and the Orora St Regis Bates Keon Park Enterprise Agreement 2015 was approved to have direct effect from the date of the decision.

The Commission's final order was that the Orora St Regis Bates Keon Park Enterprise Agreement 2015 be approved, and it would have direct effect from the date of the decision. The agreement would apply to the relevant employees from that date, and no further individual action would be required for it to be binding. This decision provided clarity and certainty for both the employer and the employees regarding the terms and conditions of employment under the approved agreement.

Orora Packaging Australia Pty Ltd T/A Orora St Regis Bates

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established