Application for approval of the Amcor Flexibles (Australia) and AMWU and UWU Victoria Enterprise Agreement 2025

[1] Amcor Flexibles (Australia) Pty Ltd has applied for approval of an enterprise agreement known as the Amcor Flexibles (Australia) and AMWU and UWU Victoria Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

[2] The Agreement is a single enterprise agreement

[3] The Agreement incorporates pre-reform Awards, which means that the following matters may be inconsistent with the National Employment Standards:

• Casual employees access to family and domestic violence leave

• Clause 22.1 - Redundancy pay for employees with at least 1 year but less than 2 years of service;

• Withholding of payment for public holidays where an employee is absent on the day before or after the public holiday without reasonable excuse

• Notice of termination (other than redundancy) for apprentices; and

• Parental leave entitlements.

[4] Noting the undertakings provided, 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.

[5] 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.

[6] The Agreement does not contain rates of pay for apprentices and the employer provided an undertaking that apprentices will be paid not less than the relevant modern Award. The employer also submitted that it only hires apprentices from its existing workforce, who are paid more than the relevant modern Award. Taking both matters together, I am satisfied that apprentices will be better off overall under the Agreement than under the Award.

[7] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[8] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the United Workers' Union (UWU) lodged Form F18 statutory declarations giving notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note the Agreement covers the unions.

[9] The Agreement is approved and, in accordance with s 54 of the Act but despite clause 4, will operate from 6 March 2026.

[10] In accordance with clause 4, the nominal expiry date of the Agreement is 31 July 2027.

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