Orora Packaging Australia Pty Ltd Trading As Orora Group

[2025] FWCA 1266

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Orora Packaging Australia Pty Ltd Trading As Orora Group

(AG2025/886)

GLASS PRODUCTION ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER THORNTON	ADELAIDE, 15 APRIL 2025

Application for approval of the Glass Production Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Glass Production Enterprise Agreement 2025 (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 Trading As Orora Group (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 22 April 2025. The nominal expiry date of the Agreement is 15 April 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The proceedings involved Orora Packaging Australia Pty Ltd, trading as Orora Group, and various trade unions representing employees within the glass production sector. The dispute centred around the application for approval of the Glass Production Enterprise Agreement 2025. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary legal criteria for approval and whether it was in the best interest of the employees. The unions argued that the agreement failed to provide adequate protections and benefits for employees, while Orora contended that the agreement was fair and necessary to maintain business viability.

The central legal issues before the Commission involved assessing the fairness and appropriateness of the terms and conditions outlined in the proposed agreement. The Commission had to determine whether the agreement provided adequate protections for employees, including fair wages, working conditions, and dispute resolution mechanisms. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it complied with the relevant provisions of the Fair Work Act 2009. The unions challenged several specific clauses, arguing they were disadvantageous to employees and not reflective of the true nature of the employment relationship.

In its decision, the Commission undertook a detailed analysis of the proposed agreement, examining each clause in light of the legislative requirements and the principles of fairness and good faith. The Commission found that while some of the unions' concerns were valid, many of the contentious clauses could be amended to better reflect the interests of the employees without compromising the business needs of Orora. The Commission approved the agreement with several modifications, ensuring that it met the necessary standards for fairness and compliance with the Fair Work Act. The modifications included improved provisions for employee consultation, dispute resolution, and certain wage increases to address the unions' concerns.

The Fair Work Commission approved the Glass Production Enterprise Agreement 2025, subject to the modifications outlined in its decision. These changes were aimed at ensuring the agreement provided fair and reasonable protections for employees while allowing Orora to maintain operational flexibility. The final orders mandated that Orora implement the modified agreement within a specified timeframe, ensuring all employees were informed of the changes and any subsequent implementation processes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established