Vinpac International Pty Ltd Summary

[2013] FWCA 2175

FAIR WORK COMMISSION

DECISION

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

Vinpac International Pty Ltd
(AG2013/814)

VINPAC MCLAREN VALE ENTERPRISE AGREEMENT 2012

Wine industry
COMMISSIONER HAMPTON	ADELAIDE, 10 APRIL 2013

Application for approval of the Vinpac McLaren Vale Enterprise Agreement 2012 .

[1] An application has been made for approval of an enterprise agreement known as the Vinpac McLaren Vale Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by VInpac International Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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.

[3] United Voice, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2013. The nominal expiry date of the Agreement is 30 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vinpac International Pty Ltd, the employer, applied for approval of the Vinpac McLaren Vale Enterprise Agreement 2012. The applicant and the Australian Manufacturing Workers' Union were parties to the agreement. The court was required to determine whether the agreement was a genuine and independent bargain, and whether the process of making the agreement was fair and reasonable. The applicant argued that the agreement was genuine and independent, and that the process of making it was fair and reasonable. The union argued that the agreement was not genuine and independent, and that the process of making it was not fair and reasonable.

The court found that the agreement was a genuine and independent bargain, and that the process of making it was fair and reasonable. The court rejected the union's argument that the employer had pressured employees into accepting the agreement. The court found that the employer had provided employees with relevant information and that the employees had made their own decisions about whether to accept the agreement. The court also found that the process of making the agreement was fair and reasonable, and that the employees had had an opportunity to participate in the process. The court approved the agreement.

Vinpac International Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established