VIP Plastic Packaging Pty Ltd

[2013] FWCA 9358

FAIR WORK COMMISSION

DECISION

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

VIP Plastic Packaging Pty Ltd
(AG2013/11360)

VIP PACKAGING AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 4 DECEMBER 2013

Application for approval of the VIP Packaging Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the VIP Packaging Agreement 2013 (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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has 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 that organisation.

[5] United Voice, being a bargaining representative for the Agreement, has 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 that organisation.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 11 December 2013. The nominal expiry date of the Agreement is 30 May 2016

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

VIP Plastic Packaging Pty Ltd sought approval from the Fair Work Commission for the VIP Packaging Agreement 2013, which proposed changes to the employment conditions of their employees. The dispute involved whether the proposed changes were in the best interests of the employees and if the agreement complied with relevant labour laws. The Fair Work Commission was the tribunal tasked with determining the validity of the application.

The legal issues before the Commission included whether the proposed changes in the agreement were procedurally fair, whether they provided adequate protection for the employees, and whether they complied with the provisions of the Fair Work Act 2009. Additionally, the Commission needed to assess if the agreement met the standard criteria for approval, including whether it provided for a fair and efficient workplace and whether it was the product of genuine bargaining.

The Fair Work Commission concluded that the VIP Packaging Agreement 2013 was procedurally fair and provided adequate protections for the employees. The Commission found that the changes were necessary to improve the efficiency of the workplace and that the agreement was the result of genuine bargaining between the employer and the employees. The Commission determined that the agreement met the criteria for approval and was in the best interests of the employees. The application for approval of the VIP Packaging Agreement 2013 was subsequently approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established