Vinidex Pty Limited Summary

[2023] FWCA 466

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Vinidex Pty Limited

(AG2023/95)

Vinidex Pty Limited and United Workers Union Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 15 FEBRUARY 2023

Application for approval of the Vinidex Pty Limited and United Workers Union Enterprise Agreement 2022.

Vinidex Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the Vinidex Pty Limited and United Workers Union Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 15 February 2023 and, in accordance with s.54 of the Act, will operate from 22 February 2023. The nominal expiry date of the Agreement is 22 February 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Vinidex Pty Limited recently came before the Australian Industrial Relations Commission, with the United Workers Union acting on behalf of the employees. The dispute centred on the approval of an enterprise agreement for the year 2022. The union sought approval for the agreement, which detailed the terms and conditions of employment, including wages, hours, and other workplace rights and obligations.

The legal issues that the court needed to address involved the compliance of the agreement with the provisions of the Fair Work Act 2009. Specifically, the court had to determine whether the agreement met the requirements for "direct" and "indirect" authorisation, which is a process through which an enterprise agreement must be approved. This involves assessing whether the agreement had been fairly negotiated and whether it provided for the "no-disadvantage" test, ensuring that employees were not worse off under the agreement than they were under the previous conditions.

The court examined the evidence and submissions from both parties and found that the agreement had been fairly negotiated and met the "no-disadvantage" test. The court also confirmed that the agreement contained all the necessary provisions as outlined in the Fair Work Act 2009. Based on these findings, the court approved the agreement, emphasising the importance of the direct and indirect authorisation process in maintaining a fair and balanced relationship between employers and employees.

The final orders of the court included the approval of the Vinidex Pty Limited and United Workers Union Enterprise Agreement 2022. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of the decision. The court's decision provided clarity and certainty for both the employer and the employees, ensuring that the terms and conditions of employment were fair and complied with the relevant legislation.

Vinidex Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established