DECISION

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

VIP Plastic Packaging Pty Ltd
(AG2018/1228)

VIP PACKAGING ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 27 JUNE 2018

Application for approval of the VIP Packaging Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the VIP Packaging Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by VIP Plastic Packaging Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 (AMWU), the National Union of Workers and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2018. The nominal expiry date of the Agreement is 28 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

VIP Plastic Packaging Pty Ltd applied to the Fair Work Commission for the approval of the VIP Packaging Enterprise Agreement 2018. The application was brought under section 174 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees of VIP Plastic Packaging Pty Ltd, and whether the agreement met the requirements for approval under the Act.

The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act, specifically sections 174, 175, and 232. The Commission needed to determine whether the agreement had been made in accordance with the relevant provisions, whether it was in the best interests of the employees, and whether it met the “better off overall” test. Additionally, the Commission considered whether the agreement contained appropriate dispute resolution procedures.

The Fair Work Commission held that the application for approval of the agreement should be granted. The Commission found that the agreement was made in accordance with the relevant provisions of the Act and was in the best interests of the employees. The Commission determined that the agreement met the “better off overall” test, as the employees would be no worse off and at least some would be better off under the agreement. The Commission also found that the agreement contained appropriate dispute resolution procedures. Consequently, the application for approval was successful.

The Fair Work Commission approved the VIP Packaging Enterprise Agreement 2018, effective from the date of the Commission’s decision. The approval ensures that the terms and conditions of employment for the employees of VIP Plastic Packaging Pty Ltd are legally binding and enforceable under the Fair Work Act.

VIP Plastic Packaging Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established