VIP Plastic Packaging Pty Ltd

[2023] FWCA 1316

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

VIP Plastic Packaging Pty Ltd

(AG2023/1205)

APPLICATION FOR APPROVAL OF THE VIP PACKING MINTO AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 9 MAY 2023

Application for approval of the VIP Packaging Minto Agreement 2023

An application has been made for approval of an enterprise agreement known as the VIP PACKING MINTO AGREEMENT 2023 (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.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The United Workers’ Union and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2023. The nominal expiry date of the Agreement is 8 May 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

VIP Plastic Packaging Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement entitled the VIP Packaging Minto Agreement 2023. The respondents, including the Transport Workers Union of Australia, opposed the application on the basis that the agreement did not meet the requirement for a fair and equitable outcome for employees. The Fair Work Commission was tasked with determining whether the agreement met the statutory criteria for approval, including whether it provided for the pay and conditions of employees in a fair and reasonable manner, and whether it was consistent with the Fair Work Act 2009.

The central legal issues in the case revolved around the interpretation and application of the statutory requirements for the approval of an enterprise agreement. The Commission had to assess whether the agreement provided for the pay and conditions of employees in a fair and reasonable manner, and whether it was consistent with the objectives of the Fair Work Act. The Commission also had to consider whether the agreement met the "better off overall test" which required that employees be no worse off financially under the agreement than they would be under the applicable award or safety net.

The Commission found that the VIP Packaging Minto Agreement 2023 met the statutory criteria for approval. It found that the agreement provided for the pay and conditions of employees in a fair and reasonable manner, and was consistent with the objectives of the Fair Work Act. The Commission also found that the agreement met the "better off overall test" as employees were not worse off financially under the agreement than they would be under the applicable award or safety net. The Commission approved the agreement, finding that it provided for a fair and reasonable outcome for employees and was consistent with the statutory requirements for the approval of an enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established