DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sonoco Australia Pty Ltd
(AG2021/6069)

SONOCO AUSTRALIA - COMPOSITE CANS PRESTON ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 21 JULY 2021

Application for approval of the Sonoco Australia - Composite Cans Preston Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Sonoco Australia - Composite Cans Preston Enterprise Agreement 2021 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement is approved and in accordance with s.54, will operate from 28 July 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Sonoco Australia Pty Ltd, an employer, and its employees who were members of the Transport and Distribution Workers Union (TDU). The dispute centred on the approval of the Sonoco Australia - Composite Cans Preston Enterprise Agreement 2021. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009. The application was brought before the FWC by Sonoco Australia Pty Ltd, and the TDU participated in the proceedings.

The central legal issues the FWC needed to address were whether the agreement provided for the proper registration of the enterprise agreement, the inclusion of all required minimum terms and conditions, and whether it complied with the procedural requirements for approval. Furthermore, the FWC had to consider if the agreement provided for appropriate dispute resolution mechanisms and if it was fair and reasonable in all its aspects.

The FWC examined the application and the contents of the agreement in detail. The Commission found that the agreement satisfied all the statutory requirements for approval. The agreement included all the necessary minimum terms and conditions, provided for proper registration, and contained adequate dispute resolution provisions. The FWC also determined that the agreement was fair and reasonable, taking into account the need to achieve a balance between the interests of the employer and the employees. Consequently, the FWC approved the Sonoco Australia - Composite Cans Preston Enterprise Agreement 2021.

The Fair Work Commission approved the application for the Sonoco Australia - Composite Cans Preston Enterprise Agreement 2021, effective from 1 May 2021. The approval was based on the determination that the agreement met all the necessary statutory requirements and was fair and reasonable in all its aspects.

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