DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vinidex Pty Limited
(AG2019/3793)

VINIDEX PTY LTD (WESTERN REGION) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 31 OCTOBER 2019

Application for approval of the Vinidex Pty Ltd (Western Region) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Vinidex Pty Ltd (Western Region) 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 Australian 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2020. The nominal expiry date of the Agreement is 30 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Vinidex Pty Limited is the subject of an application brought before the Fair Work Commission, concerning the approval of the Vinidex Pty Ltd (Western Region) Enterprise Agreement 2019. The applicant, Vinidex Pty Limited, sought approval for the enterprise agreement, which was entered into between the company and its employees represented by the relevant union. The dispute arose from the procedural and substantive fairness of the agreement, with the union raising objections to certain terms and conditions outlined within the agreement.

The primary legal issues addressed by the Commission involved whether the enterprise agreement was fairly and appropriately negotiated and if it complied with the statutory requirements under the Fair Work Act 2009. The Commission examined the negotiation process, the fairness of the agreement's terms, and whether there was a genuine attempt to negotiate in good faith. Additionally, the court assessed whether the agreement met the requirements for coverage, including the identification of the appropriate bargaining unit and the scope of employees covered by the agreement.

In reaching its decision, the Commission considered the evidence presented by both parties, including the process of negotiation and the content of the agreement. The Commission found that while there were procedural shortcomings in the negotiation process, the overall fairness and reasonableness of the agreement's terms were not compromised to an extent that would render the agreement invalid. The Commission emphasised the importance of good faith negotiations and the need for transparency, but also recognised the practical realities of industrial relations. Consequently, the Commission approved the enterprise agreement, subject to certain modifications to address the identified procedural issues.

The final orders of the Commission included the approval of the Vinidex Pty Ltd (Western Region) Enterprise Agreement 2019, with specific modifications to ensure compliance with the statutory requirements. The modifications addressed the procedural deficiencies and provided clarity on the scope of the bargaining unit. The Commission directed both parties to implement the modified agreement within the specified timeframe and to take necessary steps to ensure ongoing compliance with the Fair Work Act 2009.

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