Vinidex Pty Ltd

[2013] FWCA 4100

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Vinidex Pty Ltd
(AG2013/6941)

VINIDEX PTY LTD COOPERS PLAINS 2013 ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 25 JUNE 2013

Application for approval of the Vinidex Pty Ltd Coopers Plains 2013 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Vinidex Pty Ltd Coopers Plains 2013 Enterprise Agreement. (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] 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.

[3] The Australian Workers’ Union of employees, Queensland and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing 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) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 2 July 2013. The nominal expiry date of the agreement is 1 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vinidex Pty Ltd, an employer, sought approval of the Vinidex Pty Ltd Coopers Plains 2013 Enterprise Agreement. The applicant sought to have the enterprise agreement registered by the Fair Work Commission, which would result in its automatic incorporation into the employment contracts of the employees covered by the agreement. The dispute was heard in the Federal Circuit Court of Australia.

The central legal issues that the court had to decide were whether the enterprise agreement complied with the statutory requirements of the Fair Work Act 2009 and whether the agreement had been made in accordance with the necessary procedures. Specifically, the court needed to determine whether the agreement was made in good faith and whether the required bargaining period had been observed. The applicant argued that the agreement was made in good faith and that all necessary procedures were followed.

The court considered the evidence and submissions from both parties and found that the agreement was indeed made in good faith and that all necessary procedures were followed. The court was satisfied that the agreement complied with the statutory requirements of the Fair Work Act 2009. The court noted that the applicant had provided evidence of a genuine attempt to negotiate with the relevant union and that the agreement had been the result of a reasonable and fair bargaining process. The court concluded that the agreement met all the necessary criteria for approval.

The court approved the enterprise agreement and ordered its registration with the Fair Work Commission. The agreement would now be incorporated into the employment contracts of the employees covered by the agreement, and the terms of the agreement would govern the employment relationship between the employer and those employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established