DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VIP Plastic Packaging Pty Ltd
(AG2019/1863)

VIP PACKAGING MINTO AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 28 JUNE 2019

Application for approval of the VIP Packaging Minto Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the VIP Packaging Minto Agreement 2019 (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 National Union of Workers (NUW) 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 5 July 2019. The nominal expiry date of the Agreement is 30 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of VIP Plastic Packaging Pty Ltd, the matter before the Fair Work Commission involved an application for approval of the VIP Packaging Minto Agreement 2019. This agreement was proposed to regulate the employment conditions of workers at the Minto site of VIP Plastic Packaging Pty Ltd. The dispute centred around the terms and conditions outlined in the proposed agreement, which the applicant argued were fair and reasonable for the employees involved. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the proposed agreement provided for terms and conditions that were fair and reasonable, and whether it complied with the relevant provisions of the Fair Work Act. Specifically, the Commission needed to assess whether the agreement adequately addressed the interests of the employees, particularly in relation to wages, hours of work, and other employment conditions. The applicant contended that the agreement was fair and reasonable and provided for terms and conditions that were in line with industry standards. The respondents argued that certain provisions of the agreement were not fair and reasonable and did not adequately protect the employees' interests.

The Commission examined the proposed agreement in detail, considering the submissions from both parties and the broader context of the industry. The Commission found that the agreement contained provisions that were fair and reasonable, taking into account the specific circumstances of the Minto site and the employees' needs. The Commission was satisfied that the agreement provided for adequate terms and conditions, including wages and hours of work, that were in line with industry standards and protected the interests of the employees. Consequently, the Commission approved the VIP Packaging Minto Agreement 2019, finding that it met the necessary criteria under the Fair Work Act. The decision was made to ensure that the agreement would provide a fair and reasonable framework for the employment conditions at the Minto site.

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