DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VIP Plastic Packaging Pty Ltd
(AG2016/5427)

VIP PACKAGING BRENDALE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 20 OCTOBER 2016

Application for approval of the VIP Packaging Brendale Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the VIP Packaging Brendale Agreement 2016 (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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by the Fair Work Commission for approval of the VIP Packaging Brendale Agreement 2016. The dispute arose from negotiations between VIP Plastic Packaging Pty Ltd and its employees represented by the Independent Education Union of Australia. The agreement sought to regulate various employment conditions, including wages, working hours, and dispute resolution mechanisms. The court was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the court were whether the agreement was genuinely negotiated, if it complied with the Fair Work Act, and if it provided adequate protections for employees. The court had to consider if the agreement was made without coercion, if it provided for fair and reasonable terms and conditions, and if it included necessary provisions for dispute resolution. Furthermore, the court examined if the agreement was consistent with the objectives of the Fair Work Act, which include promoting harmonious, productive, and cooperative workplace relationships.

The court found that the agreement had been genuinely negotiated without any coercion and that it complied with the statutory requirements. It was noted that the agreement included provisions for minimum wages, working hours, and a structured dispute resolution process. The court was satisfied that the agreement provided fair and reasonable terms for both the employer and the employees, and that it aligned with the broader objectives of the Fair Work Act. Consequently, the court approved the VIP Packaging Brendale Agreement 2016.

The final orders of the court were to approve the VIP Packaging Brendale Agreement 2016, recognising it as a valid and legally binding enterprise agreement under the Fair Work Act 2009. The agreement was deemed to have been genuinely negotiated and to meet all statutory requirements, providing adequate protections and fair terms for the employees. The approval was contingent upon the agreement being registered with the Fair Work Commission.

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