Vinidex Pty Limited

[2023] FWCA 198

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Vinidex Pty Limited

(AG2022/5382)

VINIDEX PTY LTD {WESTERN REGION) ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 20 JANUARY 2023

Application for approval of the Vinidex Pty Ltd (Western Region) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Vinidex Pty Ltd (Western Region) Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Vinidex Pty Limited (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 17 January 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020 and Clerks—Private Sector Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2023. The nominal expiry date of the Agreement is 20 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Vinidex Pty Limited, an applicant seeking approval for an enterprise agreement, and the Fair Work Commission, the body responsible for assessing and approving such agreements. The dispute centred around the provisions of the proposed Vinidex Pty Ltd (Western Region) Enterprise Agreement 2022 and whether it complied with the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement met the necessary criteria for approval, including whether it contained the minimum terms and conditions as prescribed by the Act, and whether it had been fairly and independently negotiated. Additionally, the Commission had to consider whether the agreement provided for proper representation and consultation mechanisms for employees.

In reaching its decision, the Commission examined the provisions of the agreement in detail, considering the specific needs and circumstances of the parties involved. The Commission determined that the proposed agreement met the statutory requirements and had been negotiated in good faith. The agreement was found to include the minimum terms and conditions as required by law, and provided adequate mechanisms for employee representation and consultation. The Commission approved the Vinidex Pty Ltd (Western Region) Enterprise Agreement 2022, finding it to be fair and reasonable.

The Fair Work Commission approved the Vinidex Pty Ltd (Western Region) Enterprise Agreement 2022, confirming its compliance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established