DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Vinyls Corporation Pty. Ltd.
(AG2014/10497)

AUSTRALIAN VINYLS CORPORATION PTY LTD LAVERTON PLANT AGREEMENT 2014-2017

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 8 JANUARY 2015

Application for approval of the Australian Vinyls Corporation Pty Ltd Laverton Plant Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Vinyls Corporation Pty Ltd Laverton Plant Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Australian Vinyls Corporation Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to clause 6.2.2 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 15 January 2015. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The parties in the matter of Australian Vinyls Corporation Pty Ltd were Australian Vinyls Corporation Pty Ltd, represented by their legal counsel, and the relevant trade union, represented by their legal counsel. The dispute involved an application for the approval of a proposed agreement between the parties, referred to as the Australian Vinyls Corporation Pty Ltd Laverton Plant Agreement 2014-2017. The matter was heard in the Fair Work Commission, the relevant tribunal tasked with overseeing industrial relations matters in Australia.

The central legal issues that the Commission was required to address involved the fairness, appropriateness, and compliance of the proposed agreement with relevant industrial laws and regulations. Specifically, the Commission had to determine whether the agreement was made in good faith, provided for efficient, productive, and flexible workplaces, and met the other statutory requirements for approval under the Fair Work Act 2009. Additionally, the Commission had to consider whether the agreement provided for appropriate mechanisms for the resolution of any disputes that may arise during the term of the agreement.

The Commission approached the matter by first examining the process through which the agreement was negotiated and whether it was conducted in good faith. The Commission found that the parties had engaged in genuine and meaningful negotiations, and that the agreement was not the result of any coercion or undue influence. The Commission also considered the provisions of the agreement itself, finding that they were consistent with the statutory requirements for an approved agreement. Furthermore, the Commission was satisfied that the agreement provided for appropriate mechanisms for the resolution of any disputes that may arise during its term. Based on these findings, the Commission approved the agreement, finding that it met all the necessary requirements for approval under the Fair Work Act 2009.

The final orders of the Commission included the approval of the Australian Vinyls Corporation Pty Ltd Laverton Plant Agreement 2014-2017, and the setting aside of any previous agreements between the parties that were inconsistent with the approved agreement. The Commission also ordered that the agreement be registered with the Fair Work Commission, and that copies of the approved agreement be provided to all relevant parties.

Australian Vinyls Corporation Pty. Ltd.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established