Vinidex Pty Ltd

[2013] FWCA 779

FAIR WORK COMMISSION

DECISION

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

Vinidex Pty Ltd
(AG2012/13253)

VINIDEX PTY LTD 2012 TOWNSVILLE ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 5 FEBRUARY 2013

Application for approval of the Vinidex Pty Ltd 2012 Townsville Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Vinidex Pty Ltd 2012 Townsville 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] On 4 February 2013 undertakings were provided by the Company. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2013. The nominal expiry date of the Agreement is 1 March 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vinidex Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement. The respondent, the Transport Workers Union of Australia, opposed the application on various grounds, including that the agreement did not adequately provide for the protection of employees' health and safety. The Fair Work Commission was required to consider whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided for the fair and efficient resolution of workplace issues.

The Commission examined the provisions of the agreement concerning health and safety, employee representation, and the resolution of workplace disputes. It noted that the agreement included provisions for regular health and safety meetings, the appointment of a health and safety officer, and the establishment of a joint health and safety committee. The Commission found that these provisions were sufficient to ensure the protection of employees' health and safety and that the agreement provided for the fair and efficient resolution of workplace issues.

Accordingly, the Commission approved the agreement. The Transport Workers Union of Australia's application to set aside the approval was dismissed. The Fair Work Commission found that the agreement met the requirements of the Fair Work Act 2009 and provided for the fair and efficient resolution of workplace issues, including the protection of employees' health and safety. The agreement was approved and registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established