DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VIP Plastic Packaging Pty Ltd
(AG2021/6627)

VIP PACKAGING BRENDALE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 AUGUST 2021

Application for approval of the VIP Packaging Brendale Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the VIP Packaging Brendale Agreement 2021 (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] 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2021. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

VIP Plastic Packaging Pty Ltd has applied to the Fair Work Commission for approval of the VIP Packaging Brendale Agreement 2021. The dispute involves the terms and conditions of employment for workers in the Brendale facility, with the company seeking to implement changes that the union, United Voice Queensland, opposes. The Fair Work Commission was tasked with determining whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court had to assess whether the agreement provided for minimum terms and conditions, allowed for genuine bargaining, and did not have an adverse effect on employees’ job security or safety. The Commission examined the negotiation process and the contents of the agreement, considering submissions from both parties. Ultimately, the Commission found that the agreement adequately addressed the necessary provisions and did not have a detrimental impact on employees. Consequently, the Commission approved the agreement, allowing it to come into effect as intended by the parties.

The Fair Work Commission's decision hinged on a detailed analysis of the negotiation process and the content of the agreement. The Commission considered the evidence presented by both VIP Plastic Packaging Pty Ltd and United Voice Queensland regarding the fairness and effectiveness of the proposed changes. The court paid particular attention to whether the agreement provided for minimum terms and conditions as required by the Fair Work Act 2009, ensuring that it did not undermine the rights of employees. Additionally, the Commission assessed whether the agreement facilitated genuine bargaining between the parties, reflecting a balanced and fair resolution of the issues at hand. After thorough consideration, the Commission concluded that the agreement met all necessary criteria for approval, thereby allowing the changes to be implemented as per the terms negotiated. This decision underscores the importance of adhering to legislative requirements and the need for a fair and transparent negotiation process.

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