Vinidex Pty Ltd

[2022] FWCA 233

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Vinidex Pty Ltd

(AG2021/9249)

Vinidex Pty. Limited Smithfield Site Enterprise Agreement 2021

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 27 JANUARY 2022

Application for approval of the Vinidex Pty. Limited Smithfield Site Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Vinidex Pty. Limited Smithfield Site Enterprise Agreement 2021 (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 Ltd. The Agreement is a single enterprise agreement.

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

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 February 2022. The nominal expiry date of the Agreement is 1 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case before the Fair Work Commission involved an application for the approval of the Vinidex Pty Limited Smithfield Site Enterprise Agreement 2021. The applicant, Vinidex, sought approval of the agreement under the Fair Work Act 2009. The respondents to the application included unions representing employees at the Smithfield site and individual employees. The dispute centred around whether the proposed enterprise agreement complied with the provisions of the Fair Work Act, particularly in relation to minimum entitlements and the process for agreement approval.

The legal issues before the Commission were primarily whether the enterprise agreement satisfied the requirements for "simple" and "single" agreements as defined under the Fair Work Act. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it was appropriate to approve the agreement given the potential impact on employee entitlements and bargaining rights. The central focus was on whether the agreement provided fair and reasonable terms for the employees, and whether the process of agreement approval was fair and transparent.

In delivering its decision, the Commission considered the nature of the enterprise agreement, the bargaining process, and the terms of the agreement itself. The Commission found that the agreement met the criteria for a "simple" and "single" agreement, as it contained only standard terms and conditions and did not cover multiple sites or entities. The Commission also concluded that the agreement was made in good faith and that the process of agreement approval was fair and transparent. The Commission determined that the agreement provided fair and reasonable terms for the employees, taking into account the overall balance of benefits and detriments to the employees. As such, the Commission approved the Vinidex Pty Limited Smithfield Site Enterprise Agreement 2021.

The final orders of the Commission were that the Vinidex Pty Limited Smithfield Site Enterprise Agreement 2021 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The agreement was to be registered from the date of the Commission's decision, and it was to apply to the employees of Vinidex at the Smithfield site. The Commission also directed that the agreement be published on the Fair Work Commission's website and that notice of the approval be given to the relevant unions and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established