"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Visy Board Pty Ltd T/A Visy Board

The case before the Full Bench of the Fair Work Commission was an appeal by the Australian Manufacturing Workers' Union against a decision made by Commissioner McKinnon. The dispute centred around the conditions under which casual workers engaged through third parties could be used, and whether an obligation to offer these workers full-time employment after a specified period was permissible. The appeal was lodged against the decision rendered by Commissioner McKinnon on 24 October 2017, in the matter number C2017/3408. The appellant, AMWU, argued that the original decision contained errors in law and did not adequately protect the rights of the casual workers involved.

The primary legal issues the Full Bench was required to address involved the interpretation and application of the Fair Work Act 2009, specifically sections concerning the use of casual workers and the transition to permanent employment. The court had to determine whether the restrictions placed on the use of casual workers engaged through third parties were consistent with the Act and whether the obligation to offer full-time employment after a set period was within the scope of permissible matters under the legislation. Furthermore, the Full Bench needed to consider whether the permission to appeal should be granted, as this was a significant factor in the case.

In examining the arguments presented, the Full Bench found that the decision of Commissioner McKinnon was correct in its assessment of the issues. The court held that the restrictions on the use of casual workers and the obligation to offer full-time employment were not inconsistent with the Fair Work Act 2009 and were within the scope of permissible matters. Consequently, the appeal was dismissed, and permission to appeal was refused. The Full Bench found that the original decision had appropriately balanced the rights of the employer and the workers and had correctly applied the relevant provisions of the Act.