Vinpac International Pty Ltd

[2013] FWCA 1781

FAIR WORK COMMISSION

DECISION

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

Vinpac International Pty Ltd
(AG2013/506)

THE VINPAC INTERNATIONAL MAINTENANCE ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 21 MARCH 2013

The Vinpac International Maintenance Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as The Vinpac International Maintenance Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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 29 March 2013. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vinpac International Pty Ltd was a party in a case before the Fair Work Commission, in which the company contested the validity of the Vinpac International Maintenance Enterprise Agreement 2012. The dispute arose when the company argued that the agreement should be invalidated due to alleged procedural flaws in its approval process. The Commission was required to determine whether the agreement met the necessary criteria under the Fair Work Act 2009 and if the processes followed during its approval were compliant with relevant laws.

The primary legal issue before the Commission was whether the enterprise agreement was appropriately certified and if the procedures followed during its certification complied with the statutory requirements. Specifically, the Commission needed to assess if there was a genuine attempt to achieve agreement and whether the agreement covered all prescribed matters. Furthermore, the Commission had to evaluate if the certification process adhered to the procedural fairness principles, including proper notification and opportunity for relevant parties to make submissions.

The Commission concluded that the enterprise agreement was valid and appropriately certified. It found that there was a genuine attempt to reach an agreement and that the agreement covered all the prescribed matters as required by the Act. The Commission also determined that the certification process was procedurally fair, with all relevant parties given adequate notice and an opportunity to provide input. Consequently, the company's challenge to the validity of the agreement was dismissed.

The Commission's decision upheld the validity of the Vinpac International Maintenance Enterprise Agreement 2012, confirming its compliance with the necessary legal and procedural requirements. No further orders were made beyond the dismissal of the company's challenge.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established