Westrock Oceania Pty Limited Summary

[2023] FWCA 3019

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Westrock Oceania Pty Limited

(AG2023/2795)

WESTROCK OCEANIA ENTERPRISE AGREEMENT 2023

Graphic Arts
DEPUTY PRESIDENT EASTON	SYDNEY, 18 SEPTEMBER 2023

Application for approval of the WestRock Oceania Enterprise Agreement 2023.

Westrock Oceania Pty Limited (the Employer) has made an application for the approval of the WestRock Oceania Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) was a bargaining representative for 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) I note that the Agreement covers the AMWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2023. The nominal expiry date of the Agreement is 18 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Westrock Oceania Pty Limited applied to the Fair Work Commission for the approval of the WestRock Oceania Enterprise Agreement 2023, which aimed to regulate the employment conditions of its employees. The application followed a series of negotiations between the employer and the union representing the employees. The union argued that certain provisions of the agreement did not meet the legal standards required for approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement complied with the relevant legislative framework and whether it was in the best interests of the employees.

The central legal issue before the Commission was whether the provisions of the enterprise agreement satisfied the requirements of the Fair Work Act 2009. Specifically, the Commission had to examine whether the agreement provided for a fair and reasonable method for resolving disputes, whether it adequately protected the rights of employees, and whether it met the statutory criteria for approval. The union contested several clauses, including those related to pay rates, leave entitlements, and the process for resolving disputes.

The Commission conducted a thorough analysis of the agreement, considering both the statutory provisions and the broader principles of fairness and reasonableness. After reviewing the evidence and submissions from both parties, the Commission determined that the agreement substantially complied with the requirements of the Act. The Commission found that the provisions for dispute resolution were fair and reasonable, and that the agreement protected the rights and interests of the employees. Consequently, the Commission approved the WestRock Oceania Enterprise Agreement 2023.

Westrock Oceania Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established