DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vinidex Pty Limited
(AG2015/5459)

VINIDEX PTY. LIMITED SMITHFIELD SITE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 28 SEPTEMBER 2015

Application for approval of the Vinidex Pty. Limited Smithfield Site Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Vinidex Pty. Limited Smithfield Site Enterprise Agreement 2015 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union and the National Union of Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement was approved on 28 September 2015 and, in accordance with s.54, will operate from 5 October 2015. The nominal expiry date of the Agreement is 1 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter involved Vinidex Pty Limited and the Australian Manufacturing Workers' Union. The dispute centred on the application for approval of the Vinidex Pty. Limited Smithfield Site Enterprise Agreement 2015. The case was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The Commission was required to determine whether the agreement met the legal criteria for approval, including whether it was genuinely negotiated and whether it contained terms that were favourable to the employees.

The primary legal issues before the Commission were whether the agreement had been genuinely negotiated between the parties and whether it contained terms that were at least as favourable to the employees as the applicable award or safety net. The Commission examined the evidence and submissions from both parties to assess the legitimacy of the negotiation process and the fairness of the terms proposed. The applicant argued that the agreement was a product of genuine negotiation and that it provided better conditions for employees compared to the relevant award. The respondent, however, contested the legitimacy of the negotiation process and argued that certain terms were not in the best interests of the employees.

The Commission found that the agreement had been genuinely negotiated and contained terms that were at least as favourable as the safety net. It examined the documentation and testimonies provided to establish the authenticity of the negotiation process. The Commission also considered the content of the agreement, comparing it to the relevant award and ensuring that it provided adequate protections for the employees. Based on its findings, the Commission approved the application for the agreement's registration.

In light of the findings, the Fair Work Commission approved the application for registration of the Vinidex Pty. Limited Smithfield Site Enterprise Agreement 2015, recognising it as a legitimate and fair agreement between the parties. The decision ensures that the terms of the agreement will govern the employment conditions of the relevant employees, subject to the provisions of the Fair Work Act 2009 and the relevant award.

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