Application by Orora Packaging Australia Pty. Ltd. Trading AS Orora Beverage Cans Australasia
Citation: [2026] FWCA 1805
What happened
Orora Packaging Australia Pty Ltd, trading as Orora Beverage Cans Australasia, sought approval for the 'Orora Beverage Cans Ballarat Enterprise Agreement 2026'. The agreement was a single enterprise agreement covering some but not all employees. The Australian Manufacturing Workers’ Union acted as the bargaining representative. Clause 32 of the agreement contained delegates' rights terms less favourable than those in the relevant Modern Award.
What was decided
The Fair Work Commission approved the Orora Beverage Cans Ballarat Enterprise Agreement 2026, effective from July 20, 2026, and expiring on June 30, 2029. Section 205A(2) of the Fair Work Act means that less favourable delegates’ rights terms in the agreement are superseded by more favourable terms in the Manufacturing and Associated Industrials and Occupations Award 2020. The Commission also noted undertakings from the employer which will be treated as terms of the agreement.
What it means for employers
Employers should carefully review enterprise agreements to ensure delegates’ rights terms meet or exceed those provided for in relevant modern awards. Any less favourable terms will be overridden by the award. Written undertakings can become legally binding terms within an approved agreement.
What it means for employees
Employees should be aware that even if an enterprise agreement contains less favourable terms, the more beneficial provisions of the applicable Modern Award will apply due to the operation of section 205A(2).
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →