Vinidex Pty Limited

[2024] FWCA 3850

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Vinidex Pty Limited

(AG2024/3962)

VINIDEX PTY LIMITED AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 4 NOVEMBER 2024

Application for approval of the Vinidex Pty Limited and United Workers Union Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Vinidex Pty Limited and United Workers Union Enterprise Agreement 2024 (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.

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.

In accordance with clauses 38.8 and 42.3 of the Agreement, the workplace delegates’ rights term in clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

The United 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2024. The nominal expiry date of the Agreement is 10 November 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vinidex Pty Limited, an Australian company, sought approval for its 2024 Enterprise Agreement with the United Workers Union. The application was brought before the Fair Work Commission. The primary issue was whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it provided for fair and reasonable terms and conditions of employment. This included examining provisions on wages, working hours, leave entitlements, and other employment conditions.

The Commission assessed the fairness of the terms in light of the economic climate, industry standards, and the specific circumstances of the employees covered by the agreement. It considered the views of both parties and the impact of the agreement on the workforce. The Commission needed to determine if the agreement would ensure that employees were not worse off, and whether it promoted productivity, sustainability, and workplace harmony.

After thorough deliberation, the Commission found that the agreement met the necessary criteria for approval. It concluded that the terms and conditions were fair and reasonable, taking into account the various factors presented. The agreement was approved, ensuring that it would be implemented and provide a framework for the employment conditions of the workers covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established