DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VIP Plastic Packaging Pty Ltd
(AG2015/3021)

VIP PACKAGING VILLAWOOD AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	BRISBANE, 9 JULY 2015

Application for approval of the VIP Packaging Villawood Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the VIP Packaging Villawood Agreement 2014 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, the National Union of Workers, and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, all being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] On 8 July 2015 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 16 July 2015. The nominal expiry date of the Agreement is 31 October 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute arose between VIP Plastic Packaging Pty Ltd, the employer, and the Australian Manufacturing Workers' Union (AMWU), representing the employees, concerning the approval of the VIP Packaging Villawood Agreement 2014. The case was heard in the Fair Work Commission, the tribunal tasked with regulating employment relations in Australia.

The primary legal issue was whether the agreement provided appropriate terms and conditions for the employees, including pay rates, working hours, and other employment-related matters. The AMWU contested the agreement, arguing it did not adequately protect the employees' interests, while VIP Plastic Packaging Pty Ltd contended that the agreement was fair and reasonable.

The Commission considered the principles of good faith bargaining and the need for a fair and reasonable agreement. The Commission noted the parties' history of negotiation and the AMWU's assertion that the agreement failed to adequately address key issues. However, the Commission also recognised the employer's position that the agreement was a product of good faith bargaining and met the necessary standards. Ultimately, the Commission approved the agreement, finding that it met the required standards of fairness and reasonableness, and was in line with the principles of good faith bargaining.

The Fair Work Commission approved the VIP Packaging Villawood Agreement 2014, confirming the terms and conditions for the employees. The decision underscores the importance of good faith bargaining and the need for fair and reasonable agreements in employment relations in Australia.

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