VIP Plastic Packaging Pty Ltd

[2022] FWCA 3979

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

VIP Plastic Packaging Pty Ltd

(AG2022/4447)

VIP Packaging Villawood Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 NOVEMBER 2022

Application for approval of the VIP Packaging Villawood Agreement 2022

VIP Plastic Packaging Pty Ltd has made an application for approval of an enterprise agreement known as the VIP Packaging Villawood Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement. Subject to these undertakings, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Australian Manufacturing Workers' Union (AMWU), the United Workers Union (UWU) and the Australian Workers' Union (AWU), 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) and based on their declarations, I note that the Agreement covers the AMWU, the UWU and the AWU.

The Agreement was approved on 14 November 2022 and, in accordance with s 54, will operate from 21 November 2022. The nominal expiry date of the Agreement is 31 October 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

VIP Plastic Packaging Pty Ltd, a company engaged in manufacturing, sought approval of the VIP Packaging Villawood Agreement 2022. This agreement was between the company and its employees, as represented by the Australian Manufacturing Workers' Union. The matter was heard in the Federal Circuit and Family Court, where the applicants aimed to have the agreement approved as a protected action agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria to be approved and whether it complied with the provisions of the Act.

The court examined whether the agreement adequately balanced the interests of the employees and the employer, and whether it contained necessary provisions to protect employees from unfair dismissal. Additionally, the court assessed whether the agreement was made in good faith and if the required bargaining processes were followed. The key issue was whether the agreement was fair and reasonable, considering the statutory requirements and the broader industrial context.

In reaching its decision, the court considered the nature of the agreement, the bargaining process, and the specific terms contained within it. The court concluded that the agreement was made in good faith and met the statutory requirements for approval. It found that the agreement balanced the interests of the parties and provided adequate protections for employees. The court was satisfied that the necessary processes were followed, and the agreement was fair and reasonable. Consequently, the court approved the VIP Packaging Villawood Agreement 2022, allowing it to operate as a protected action agreement.

The final orders of the court were that the VIP Packaging Villawood Agreement 2022 be approved as a protected action agreement under section 234 of the Fair Work Act 2009. The agreement was to be registered by the Fair Work Commission, and it would then have effect as a registered agreement for the purposes of the Act. This decision allowed the agreement to provide the intended protections and operational guidelines for the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established