DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sonoco Australia Pty Ltd
(AG2018/3084)

SONOCO AUSTRALIA - COMPOSITE CANS PRESTON ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 5 SEPTEMBER 2018

Application for approval of the Sonoco Australia - Composite Cans Preston Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Sonoco Australia - Composite Cans Preston Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sonoco Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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, 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.

[6] The Agreement was approved on 5 September 2018 and, in accordance with s.54, will operate from 12 September 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the application for approval of the Sonoco Australia - Composite Cans Preston Enterprise Agreement 2018. The parties involved were Sonoco Australia Pty Ltd and the Australian Manufacturing Workers' Union. The dispute centred around the proposed terms of the enterprise agreement, specifically whether it complied with the requirements set out in the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary criteria for approval, including that it provided for the terms and conditions of employment of the relevant employees in a fair and efficient manner.

The key legal issues the Commission needed to address were whether the agreement provided for fair and efficient terms of employment, and if it complied with the statutory requirements under the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, whether it was free from coercion and undue influence, and whether it included appropriate mechanisms for dispute resolution. Additionally, the Commission had to ensure that the agreement did not adversely affect employees' rights or entitlements under the National Employment Standards or any relevant awards.

After carefully considering the arguments presented by both parties, the Fair Work Commission found that the Sonoco Australia - Composite Cans Preston Enterprise Agreement 2018 met all the necessary criteria for approval. The Commission determined that the agreement was made in good faith and was free from coercion and undue influence. It also found that the agreement provided for fair and efficient terms of employment and included appropriate mechanisms for dispute resolution. The Commission was satisfied that the agreement did not adversely affect employees' rights or entitlements under the National Employment Standards or any relevant awards.

The Fair Work Commission approved the Sonoco Australia - Composite Cans Preston Enterprise Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the employees covered by the agreement. The decision marked the conclusion of the application process, and the approved agreement was set to come into effect as per the terms outlined in the decision.

Sonoco Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established