DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vinidex Pty Ltd
(AG2021/6601)

VINIDEX PTY LIMITED AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 25 AUGUST 2021

Application for approval of the Vinidex Pty Limited and United Workers Union Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Vinidex Pty Limited and United Workers Union 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.

[2] The Employer 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. The undertakings are taken to be a term of 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 United Workers’ Union 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 1 September 2021. The nominal expiry date of the Agreement is 31 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Vinidex Pty Ltd applied for the approval of an enterprise agreement with the United Workers Union. The application was heard by the Fair Work Commission, which has jurisdiction under the Fair Work Act 2009 to approve or reject enterprise agreements. The key legal issues for the Commission were whether the agreement complied with the statutory requirements for enterprise agreements, and whether it was made in good faith and without coercion. The Commission needed to determine if the agreement met the procedural fairness requirements and if it contained terms that were consistent with the objects of the Act, including promoting high wages and conditions.

The Commission considered the evidence and submissions provided by the parties. It found that the agreement was made in good faith and without coercion, and that all necessary procedural steps were followed. The Commission also determined that the agreement contained terms that were consistent with the objects of the Act. In particular, the agreement provided for above-award wages and conditions, and included protections for employees. The Commission approved the agreement, finding that it met all the statutory requirements and was in the best interests of the employees.

The Fair Work Commission approved the Vinidex Pty Limited and United Workers Union Enterprise Agreement 2021. The Commission found that the agreement was made in good faith and without coercion, and that it contained terms that were consistent with the objects of the Fair Work Act 2009. The agreement provides for above-award wages and conditions, and includes protections for employees. The Commission's decision is final and binding on the parties.

Vinidex Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established