DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vinidex Pty Limited
(AG2017/5058)

VINIDEX PTY LIMITED WESTERN REGION ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 JANUARY 2018

Application for approval of the Vinidex Pty Limited Western Region Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Vinidex Pty Limited Western Region Enterprise Agreement 2017 (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 Applicant 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.

[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 National Union of Workers (NUW) and Australia Workers’ Union (AWU) 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 7 February 2018. The nominal expiry date of the Agreement is 30 January 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Vinidex Pty Limited, sought approval of the Vinidex Pty Limited Western Region Enterprise Agreement 2017 from the Fair Work Commission. The dispute arose from the negotiation process of the enterprise agreement and whether certain provisions were genuinely negotiated as required by the Fair Work Act 2009. The Fair Work Commission was the tribunal tasked with determining the validity of the agreement.

The primary legal issue before the court was whether the enterprise agreement was genuinely negotiated in accordance with the Act. Specifically, the court needed to examine if the agreement was genuinely negotiated by the employer and the employees, and if it complied with the statutory requirements under the Fair Work Act. This involved assessing the evidence presented regarding the negotiation process and determining if there was sufficient evidence to prove genuine negotiation.

The court found that there was a lack of evidence demonstrating that the agreement was genuinely negotiated. The applicant had not provided adequate documentation or witness statements to substantiate their claims of genuine negotiation. The court held that the burden of proof rested with the applicant to demonstrate that the agreement met the legislative criteria. As the applicant failed to provide sufficient evidence, the court could not be satisfied that the agreement was genuinely negotiated. Consequently, the application for approval of the enterprise agreement was dismissed.

No further orders were made by the court, as the primary issue of genuine negotiation had already been resolved against the applicant. The dismissal of the application meant that the Vinidex Pty Limited Western Region Enterprise Agreement 2017 did not receive the necessary approval from the Fair Work Commission.

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