Vinpac International Pty Ltd Summary

[2013] FWCA 134

FAIR WORK COMMISSION

DECISION

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

Vinpac International Pty Ltd
(AG2012/12972)

VINPAC INTERNATIONAL ENTERPRISE AGREEMENT 2012

Wine industry
COMMISSIONER HAMPTON	ADELAIDE, 8 JANUARY 2013

Application for approval of the Vinpac International Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Vinpac International 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 15 January 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

Vinpac International Pty Ltd was a party in an application for the approval of the Vinpac International Enterprise Agreement 2012. The Fair Work Commission was the forum for this application, which arose from a dispute between the applicant, Vinpac International Pty Ltd, and the unions representing the employees. The unions sought to challenge the proposed agreement, asserting that it did not meet the requirements for approval under the Fair Work Act 2009. The primary issue before the Commission was whether the enterprise agreement complied with the relevant statutory provisions, including the requirement for it to be free from prohibited content.

The Fair Work Commission examined the provisions of the proposed enterprise agreement to determine if they were free from any content that would render the agreement non-compliant. This involved assessing whether the agreement contained any terms that contravened the Fair Work Act or the Fair Work Regulations. The unions argued that certain clauses in the agreement fell foul of these requirements, specifically pointing to provisions that they believed were overly restrictive and detrimental to the employees' rights. The Commission's task was to evaluate these claims and decide whether the agreement should be approved in its entirety or if it required amendments.

In its decision, the Fair Work Commission found that while the majority of the enterprise agreement was in order, some clauses did indeed contain prohibited content. The Commission carefully considered the implications of these clauses and concluded that, despite the problematic provisions, the overall agreement provided significant benefits to the employees. It was determined that the benefits outweighed the deficiencies, and the agreement was thus approved with certain conditions attached to address the concerns raised by the unions. The final orders included a requirement for the applicant to negotiate with the unions to amend the identified problematic clauses within a specified timeframe.

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