Vinidex Pty Limited T/A Vinidex

[2017] FWCA 6459

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Vinidex Pty Limited T/A Vinidex

(AG2017/4978)

Vinidex Pty Limited National Union of Workers and Australian Manufacturing Workers Union Enterprise Agreement 2017

Manufacturing and associated industries
Deputy President Masson	MELBOURNE, 5 DECEMBER 2017

Application for approval of the Vinidex Pty Limited National Union of Workers and Australian Manufacturing Workers Union Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Vinidex Pty Limited National Union of Workers and Australian Manufacturing Workers Union 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 T/A Vinidex. The Agreement is a single enterprise agreement.

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.

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 National Union of Workers 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2017. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application was made by Vinidex Pty Limited trading as Vinidex, the employer, seeking approval of the Vinidex Pty Limited National Union of Workers and Australian Manufacturing Workers Union Enterprise Agreement 2017. The applicant union, the National Union of Workers, and the respondent union, the Australian Manufacturing Workers Union, were both involved in the negotiation of the agreement. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue before the FWC was whether the enterprise agreement complied with the provisions of the Fair Work Act, specifically whether it met the "better off overall test" (BOOT) as required by section 230 of the Act. The BOOT requires that the agreement must provide employees with a direct financial advantage or a clear non-financial benefit that outweighs any financial disadvantages, ensuring that employees are not worse off overall. The FWC also needed to consider whether the agreement contained the mandated minimum terms and conditions, including the standard hours of work, penalty rates, and other employment-related entitlements.

After examining the evidence and submissions from the parties, the FWC found that the enterprise agreement met the BOOT and contained all the mandated minimum terms and conditions. The FWC determined that the agreement provided employees with a clear benefit in the form of additional leave entitlements and increased wages, which outweighed any financial disadvantages. The FWC also confirmed that the agreement met all the mandated minimum terms and conditions as stipulated by the Fair Work Act. As a result, the FWC approved the Vinidex Pty Limited National Union of Workers and Australian Manufacturing Workers Union Enterprise Agreement 2017.

The FWC ordered that the enterprise agreement be approved as a registered agreement under section 173 of the Fair Work Act. The agreement would then be added to the Register of Approved Agreements maintained by the FWC. The approval would be effective from the date the agreement was registered, ensuring that the terms and conditions of employment for the employees covered by the agreement would be governed by the provisions of the approved enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established