DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vinidex Pty Limited
(AG2019/5065)

VINIDEX PTY LIMITED AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 19 FEBRUARY 2020

Application for approval of the Vinidex Pty Limited and United Workers Union Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Vinidex Pty Limited and United Workers Union Enterprise Agreement 2019 (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] 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.

[3] Subject to the undertakings referred to above, 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.

[4] 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.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 31 – Long Service Leave

• Clause 12 – Abandonment of employment

However, noting clause 6.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2020. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Vinidex Pty Limited, the applicant, sought approval of the Vinidex Pty Limited and United Workers Union Enterprise Agreement 2019. The application was heard in the Fair Work Commission. The dispute centered around whether the enterprise agreement met the requirements of the Fair Work Act 2009, particularly focusing on the fairness of the agreement and its compliance with the Act's provisions.

The primary legal issues involved determining if the agreement was genuinely bargained, free from coercion, and whether it complied with the Act's requirements for minimum entitlements. The court needed to assess if the agreement provided fair and reasonable terms for employees and if it was free from any unfair or coercive practices.

The Fair Work Commission found that the agreement was genuinely bargained and free from any coercive practices. It was also determined that the agreement met all the requirements of the Fair Work Act, providing fair and reasonable terms for employees. The Commission approved the enterprise agreement, noting that it provided for fair and reasonable terms for employees and was free from any unfair or coercive practices.

The Fair Work Commission approved the Vinidex Pty Limited and United Workers Union Enterprise Agreement 2019, finding that it was genuinely bargained, free from coercion, and met all the requirements of the Fair Work Act. The Commission acknowledged that the agreement provided for fair and reasonable terms for employees and was in compliance with the Act's provisions.

Vinidex Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established