Sonoco Australia Pty Ltd
[2024] FWCA 2826
•1 AUGUST 2024
| [2024] FWCA 2826 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Sonoco Australia Pty Ltd
(AG2024/2550)
SONOCO AUSTRALIA PTY LTD MELBOURNE PLANT WORKPLACE IMPROVEMENT AGREEMENT 2024
| Graphic Arts | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 1 AUGUST 2024 |
Application for approval of the Sonoco Australia Pty Ltd Melbourne Plant Workplace Improvement Agreement 2024
An application has been made for approval of an enterprise agreement known as the Sonoco Australia Pty Ltd Melbourne Plant Workplace Improvement Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Sonoco Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.
The application was required to be filed within 14 days after it was made on 20 June 2024 in accordance with s 185(3) of the Act. As it was not filed until 9 July 2024, it was filed five days after the expiry of the statutory timeframe. Pursuant to s 185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application.
The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).
I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES:
· Personal/carer’s leave: Clause 15.6 of the Agreement provides that an employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the Employer of their inability to attend for duty and as far as practicable state the nature of the injury, illness or emergency and the estimated duration of their absence. If it is not reasonably practicable to inform the Employer during the ordinary hours of the first day or shift of such absence, an employee must inform the Employer within 24 hours of such absence. This clause may provide a more stringent notice requirement than permitted by s 107(2)(a) of the Act, which provides that the notice must be given to the Employer as soon as practicable (which may be a time after the leave has started).
· Parental Leave: Clause 4.1 of the Agreement incorporates the Graphic Arts General Award 2000. As the pre-reform Award is incorporated, it appears the parental leave entitlements in the pre-reform Award are also incorporated. The pre-reform Award contains some less beneficial entitlements than the NES (such as for concurrent leave).
· Compassionate Leave: Clause 7.2 of the pre-reform Award states employees can use 24 hours of their personal leave as bereavement leave. Additionally, clause 7.2A states employees receive 16 hours of bereavement leave per occasion. Both of the above may not be consistent with the NES.
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 supports the approval of the Agreement and has given 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 that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s 54 of the Act will operate from 8 August 2024. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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