DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vinidex Pty Limited
(AG2014/10902)

VINIDEX PTY LIMITED WESTERN REGION ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT SMITH	MELBOURNE, 4 FEBRUARY 2015

Application for approval of the Vinidex Pty Limited Western Region Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Vinidex Pty Limited Western Region Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vinidex Pty Limited. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Vinidex Pty Limited. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The National Union of Workers and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2015. The nominal expiry date of the Agreement is 14 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The applicant, Vinidex Pty Limited, sought approval of the Vinidex Pty Limited Western Region Enterprise Agreement 2014, which was lodged with the Fair Work Commission. The applicant argued that the agreement should be approved as it had been negotiated in good faith, contained necessary minimum terms and conditions, and did not adversely affect employees. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval.

The primary legal issue before the Commission was whether the agreement satisfied the criteria set out in the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement had been negotiated in good faith, contained the necessary minimum terms and conditions, and did not adversely affect employees. Additionally, the Commission considered whether the agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations 2009.

The Commission found that the agreement had been negotiated in good faith and contained the required minimum terms and conditions. The Commission determined that the provisions of the agreement were not overly disadvantageous to employees, and thus did not adversely affect them. It was also concluded that the agreement complied with the statutory requirements under the Fair Work Act and Regulations. Based on these findings, the Commission approved the Vinidex Pty Limited Western Region Enterprise Agreement 2014.

The Fair Work Commission approved the Vinidex Pty Limited Western Region Enterprise Agreement 2014, effective from 1 January 2015. The Commission's decision was based on the conclusion that the agreement had been negotiated in good faith, contained the necessary minimum terms and conditions, and did not adversely affect employees. Furthermore, the agreement was found to comply with the provisions of the Fair Work Act and the Fair Work Regulations 2009.

Vinidex Pty Limited

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established