DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VIP Plastic Packaging Pty Ltd
(AG2016/5632)

VIP PACKAGING BANKSTOWN AGREEMENT 2016

Rubber, plastic and cable making industry
COMMISSIONER LEE	MELBOURNE, 14 OCTOBER 2016

Application for approval of the VIP Packaging Bankstown Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the VIP Packaging Bankstown 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] The Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union and 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2016. The nominal expiry date of the Agreement is 30 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

VIP Plastic Packaging Pty Ltd brought an application to the Federal Circuit Court for approval of the VIP Packaging Bankstown Agreement 2016. The dispute involved the terms of the agreement between the company and its employees regarding changes to their employment conditions. The nature of the application was to obtain approval from the Fair Work Commission for the proposed changes, which included reductions in leave entitlements and other working conditions. The court had to determine whether the agreement was in the interests of the employees and whether the process for reaching the agreement was fair and appropriate.

The primary legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009 and whether the process of reaching the agreement was procedurally fair. The court examined the provisions of the Act and relevant case law to assess the validity of the agreement. The court also considered whether the employees had been adequately consulted and whether their views had been properly considered in the negotiation process. The determination hinged on whether the agreement was genuinely in the interests of the employees and whether the process was fair and appropriate.

In its decision, the court found that the agreement met the statutory requirements and was in the interests of the employees. The court noted that the employees had been given ample opportunity to express their views and that their concerns had been taken into account. The court also held that the negotiation process was procedurally fair and that the agreement was not invalidated by any procedural irregularities. Consequently, the court approved the agreement, finding that it was an appropriate means of addressing the company’s business needs while also protecting the interests of the employees.

The court made orders approving the VIP Packaging Bankstown Agreement 2016 and directed that it be registered with the Fair Work Commission. The decision provided clarity on the requirements for approving enterprise agreements and reinforced the importance of fair and transparent negotiation processes in reaching agreements that benefit both employers and employees.

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