DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VIP Steel Packaging Pty Ltd
(AG2019/4939)

VIP PACKAGING TRUGANINA STEEL AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 JANUARY 2020

Application for approval of the VIP Packaging Truganina Steel Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the VIP Packaging Truganina Steel Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by VIP Steel Packaging Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2020. The nominal expiry date of the Agreement is 30 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved a request to approve the VIP Packaging Truganina Steel Agreement 2019. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval. The key parties involved were the employer, VIP Packaging, and the employees represented by the Australian Manufacturing Workers Union.

The legal issues before the Commission centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement met the requirements for being a "better off overall test" agreement, ensuring that the employees would not be worse off financially or in terms of conditions compared to their previous enterprise agreement. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it adhered to the process outlined by the Fair Work Act.

In delivering its decision, the Commission examined the evidence and submissions from both parties. It considered the financial implications for the employees, the changes in work conditions, and the overall fairness of the agreement. The Commission found that the agreement met the better off overall test, as the employees would not be disadvantaged financially or in terms of conditions. Furthermore, the Commission was satisfied that the agreement was made in good faith and followed the necessary process. Consequently, the Commission approved the VIP Packaging Truganina Steel Agreement 2019.

The Commission's approval of the agreement means that it will now serve as the basis for employment conditions between VIP Packaging and the employees covered by the agreement. The decision underscores the importance of ensuring that any new enterprise agreements are fair and beneficial for all parties involved.

VIP PACKAGING TRUGANINA STEEL AGREEMENT 2019

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established