Sonoco Australia Pty Ltd

[2021] FWCA 3495

[2021] FWCA 3495

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sonoco Australia Pty Ltd
(AG2021/5411)

SONOCO AUSTRALIA WORKPLACE IMPROVEMENT AGREEMENT 2021 - INGLEBURN PLANT

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 17 JUNE 2021

Application for approval of the Sonoco Australia Workplace Improvement Agreement 2021 - Ingleburn Plant.

[1] An application has been made for approval of an enterprise agreement known as the Sonoco Australia Workplace Improvement Agreement 2021 - Ingleburn Plant (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. The undertakings are taken to be a term of 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.

[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) I note that the Agreement covers the organisation.

[5] I observe that the following provisions of the incorporated Graphic Arts General Award 2000 are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 4.2.1(e) – Termination of employment.

•  Clause 7.2.1(a) – Definition of immediate family.

•  Clause 7.2A.1 – Bereavement leave.

•  Clause 7.5.3 and 7.5.6(a) – Public holidays.

However, noting the undertakings provided by the employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 June 2021. The nominal expiry date of the Agreement is 16 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A