DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sonoco Australia Pty Ltd
(AG2016/878)

SONOCO KEWDALE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 MAY 2016

Application for approval of the Sonoco Kewdale Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Sonoco Kewdale 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 Sonoco Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[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, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 26 May 2016 and, in accordance with s.54, will operate from 2 June 2016. The nominal expiry date of the Agreement is 31 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Sonoco Australia Pty Ltd, the Fair Work Commission was tasked with the application for approval of the Sonoco Kewdale Enterprise Agreement 2015. The dispute centred on the proposed terms and conditions of employment for employees at the Sonoco Kewdale site, with the primary contention being whether the agreement met the legal standards for approval under the Fair Work Act 2009. The applicants, Sonoco Australia Pty Ltd, sought the approval of the agreement, while the respondents raised concerns about certain aspects of the proposed agreement.

The key legal issues before the Commission included the fairness and adequacy of the proposed terms, particularly in relation to the classification of employees, wage rates, and other conditions of employment. The respondents argued that some provisions of the agreement were not sufficiently fair and that the agreement did not provide adequate protections for employees. The Commission had to determine whether the proposed agreement met the requirements for approval under section 234 of the Fair Work Act, including whether the agreement was fair and reasonable and met the criteria for being in the best interests of the employees.

The Fair Work Commission carefully considered the submissions from both parties and the relevant provisions of the Fair Work Act. The Commission found that, while the proposed agreement contained some provisions that were not ideal, the overall terms were fair and reasonable. The Commission was satisfied that the agreement provided appropriate protections for the employees and met the criteria for approval under the Act. Consequently, the application for approval was granted, and the Sonoco Kewdale Enterprise Agreement 2015 was approved. The decision ensures that the employees at the Sonoco Kewdale site will be governed by the terms and conditions set out in the approved agreement, which balances the interests of both the employer and the employees.

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