Westrock Oceania Pty Limited T/A Westrock Oceania Summary

[2022] FWCA 643

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Westrock Oceania Pty Limited T/A Westrock Oceania

(AG2021/9186)

WestRock Oceania Enterprise Agreement 2021

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DEPUTY PRESIDENT CROSS	SYDNEY, 23 FEBRUARY 2022

Application for approval of the Westrock Oceania Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Westrock Oceania 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 Westrock Oceania Pty Limited. The Agreement is a single enterprise agreement.

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.

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.

I note that the Agreement contains an NES precedence clause at cl. 5, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 6 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Westrock Oceania Pty Limited, trading as Westrock Oceania, applied for approval of the Westrock Oceania Enterprise Agreement 2021. The application was made under section 232 of the Fair Work Act 2009. The nature of the dispute centred around the terms and conditions of employment for the workforce covered by the agreement, which included issues such as wages, hours of work, and other employment-related matters.

The primary legal issues before the court were whether the agreement met the requirements for direct approval under section 232 of the Fair Work Act 2009 and whether it complied with the provisions of the Act and the Fair Work Regulations 2009. The court needed to consider if the agreement provided for a fair and efficient workplace while also ensuring that it did not adversely affect the employees' rights or entitlements. Additionally, the court had to verify that the agreement had been genuinely negotiated and that the process adhered to the relevant provisions of the Act.

The Fair Work Commission found that the Westrock Oceania Enterprise Agreement 2021 was fairly negotiated and complied with the necessary legal requirements. The agreement provided for appropriate wages and conditions for the employees, and it did not include any terms that were detrimental to the workforce. The Commission also confirmed that the process of negotiation and agreement had been conducted in accordance with the Fair Work Act 2009. Consequently, the Commission approved the agreement, recognising its alignment with the objectives of the Act.

The final orders of the Fair Work Commission were that the Westrock Oceania Enterprise Agreement 2021 be approved and registered under section 232 of the Fair Work Act 2009, effective from the date of the decision. This approval ensures that the agreement will govern the terms and conditions of employment for the relevant employees, providing a stable and legally compliant framework for the workplace.

Westrock Oceania Pty Limited T/A Westrock Oceania

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established