DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VIP Plastic Packaging Pty Ltd
(AG2015/6459)

VIP PACKAGING MINTO AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 4 NOVEMBER 2015

Application for approval of the VIP Packaging Minto Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the VIP Packaging Minto Agreement 2015 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The National Union of Workers 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 was approved on 4 November 2015 and, in accordance with s.54, will operate from 11 November 2015. The nominal expiry date of the Agreement is 30 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by VIP Plastic Packaging Pty Ltd for approval of the VIP Packaging Minto Agreement 2015. The dispute arose from negotiations between VIP Plastic Packaging and the relevant union, which led to the proposed enterprise agreement. The application was contested by the union, which raised concerns about certain provisions in the agreement. The Commission was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement complied with the statutory provisions regarding enterprise agreements, particularly focusing on the procedural fairness and the substantive content of the agreement. The union argued that certain provisions did not comply with the requirements for procedural fairness and that the agreement contained terms that were not in the best interests of the employees. The Commission needed to examine the application process, the terms of the agreement, and whether the agreement was made in good faith.

After considering the arguments from both parties, the Commission found that the agreement was made in good faith and that the process followed was fair and reasonable. The Commission noted that while some concerns were raised, they were not sufficient to invalidate the agreement. The terms of the agreement were considered to be in the best interests of the employees, taking into account the broader context of the negotiations and the nature of the industry. Consequently, the Commission approved the VIP Packaging Minto Agreement 2015, confirming its compliance with the necessary legal requirements.

The final orders of the Commission included the approval of the VIP Packaging Minto Agreement 2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the terms would govern the employment conditions of the employees covered by the agreement. The union's concerns were addressed within the decision, but the overall approval signified that the agreement met the necessary legal standards for enterprise agreements under the Fair Work Act 2009.

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