austlii:cth/FWCA/2025/4360
General information, not legal advice.
FWCA
2025-12-18
Original judgment source is linked above.
s.185 - Enterprise agreement
OPAL FIBRE PACKAGING NATIONAL ENTERPRISE AGREEMENT 2025
Application for approval of the Opal Fibre Packaging National Enterprise Agreement 2025.
[1] Opal Packaging Australia Pty Ltd (Applicant) has made an application for approval of an enterprise agreement known as the Opal Fibre Packaging National Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
[2] 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.
[3] The Applicant has applied for a variation pursuant to s.218A of the Act to correct a cross-referencing error at clause 4(a) and has filed an amended Agreement page. I am satisfied that the error is an obvious error within the meaning of s.218A of the Act and that it is appropriate to make the correction.
[4] The Agreement contains a National Employment Standards (NES) precedent clause at Clause 7. I am therefore satisfied that, to the extent of any inconsistency between the Agreement and the NES, the more beneficial NES entitlements will prevail.
[5] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2025. The nominal expiry date of the Agreement is 30 September 2028.
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