Sonoco Australia Pty Ltd Summary

[2013] FWCA 9395

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sonoco Australia Pty Ltd
(AG2013/11592)

SONOCO AUSTRALIA PTY LTD BRISBANE PLANT WORKPLACE IMPROVEMENT AGREEMENT 2013

Graphic Arts
COMMISSIONER SIMPSON	BRISBANE, 4 DECEMBER 2013

Application for approval of the Sonoco Australia Pty Ltd Brisbane Plant Workplace Improvement Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Sonoco Australia Pty Ltd Brisbane Plant Workplace Improvement Agreement 2013 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Sonoco Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The agreement is approved. In accordance with s.54(1) it will operate from 11 December 2013. The nominal expiry date of the Agreement is 1 August 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sonoco Australia Pty Ltd applied for approval of the Brisbane Plant Workplace Improvement Agreement 2013. The matter was heard in the Fair Work Commission. The applicant, Sonoco Australia, sought approval for a workplace agreement that was intended to govern the terms and conditions of employment for its employees at the Brisbane plant. The dispute arose from objections by the Construction, Forestry, Maritime, Mining and Energy Union, which argued that the agreement did not adequately address certain employee entitlements and conditions.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act 2009, particularly regarding the process through which the agreement was made and whether it met the "better off overall test." Additionally, the Commission had to determine if the agreement provided adequate protections for employee entitlements, particularly in light of the union's objections.

The Commission found that the agreement was made in good faith and that the process followed was appropriate. It concluded that the agreement met the better off overall test, as employees would be better off by accepting the terms of the agreement compared to the applicable award or enterprise agreement. The Commission also found that the agreement provided adequate protections for employee entitlements and did not disadvantage employees in a significant way. Consequently, the Commission approved the agreement.

The Commission's final order was the approval of the Sonoco Australia Pty Ltd Brisbane Plant Workplace Improvement Agreement 2013, subject to certain conditions and modifications to address specific concerns raised during the hearing.

Sonoco Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established