Vinidex Pty. Limited Summary

[2024] FWCA 4556

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Vinidex Pty. Limited

(AG2024/4399)

VINIDEX PTY. LIMITED SMITHFIELD SITE ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 18 DECEMBER 2024

Application for approval of the Vinidex Pty. Limited Smithfield Site Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Vinidex Pty. Limited Smithfield Site Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 December 2024. The nominal expiry date of the Agreement is 1 March 2027.

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the United Workers’ Union.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Vinidex Pty. Limited applied for the approval of the Vinidex Pty. Limited Smithfield Site Enterprise Agreement 2024. The agreement was to be applied to employees working under the Smithfield site, including those who are part of the manufacturing and warehouse operations. The application was lodged in accordance with the Fair Work Act 2009, seeking the Commission's endorsement to ensure the agreement's validity and enforceability.

The primary legal issues the Commission needed to resolve were whether the agreement met the requirements of the Fair Work Act, particularly concerning the process of its creation and whether it contained all the mandated terms and conditions. The Commission examined the procedural fairness in how the agreement was developed, including the consultation process and whether the employees had adequate opportunity to voice their opinions and concerns. Additionally, the Commission assessed whether the agreement contained all the minimum terms and conditions as stipulated by the Fair Work Act, and if any terms were unfair.

After careful consideration of the evidence and submissions from both parties, the Commission determined that the agreement was procedurally sound and contained all the necessary mandated terms. The Commission found that the consultation process was fair and that the agreement was made in good faith. The terms of the agreement were deemed to be not less favourable than the applicable awards and the National Employment Standards. As a result, the Commission approved the Vinidex Pty. Limited Smithfield Site Enterprise Agreement 2024, making it a legally binding instrument.

Vinidex Pty. Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established