DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VIP Plastic Packaging Pty Ltd
(AG2019/493)

VIP PACKAGING VILLAWOOD AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 MAY 2019

Application for approval of the VIP Packaging Villawood Agreement 2018

[1] VIP Plastic Packaging Pty Ltd has made an application for approval of an enterprise agreement known as the VIP Packaging Villawood Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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), the Australian Workers’ Union and the National Union of Workers, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by each of these organisations, I note that the Agreement covers these organisations.

[4] The Agreement was approved on 14 May 2019 and, in accordance with s 54, will operate from 21 May 2019. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involves an application by VIP Plastic Packaging Pty Ltd for the approval of the VIP Packaging Villawood Agreement 2018, which was submitted to the Fair Work Commission. The applicant, a company in the packaging industry, sought approval for the agreement to address specific employment terms and conditions for its employees. The dispute centred on the fairness and compliance of the agreement with relevant labour laws and standards. The Fair Work Commission was tasked with examining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained appropriate terms and conditions that complied with the relevant provisions of the Fair Work Act, including those related to minimum wages, penalty rates, and other employment standards. Additionally, the Commission had to assess whether the agreement provided for the fair and equitable treatment of employees and whether it had been appropriately negotiated. The fairness and necessity of the agreement in relation to the specific circumstances of the enterprise were also scrutinised.

In its decision, the Commission detailed that the VIP Packaging Villawood Agreement 2018 provided terms and conditions that were fair and reasonable in all respects. The agreement was found to comply with the Fair Work Act, including provisions related to minimum wages and penalty rates. The Commission noted that the agreement had been negotiated in good faith and addressed specific operational requirements of the enterprise. Consequently, the Commission approved the agreement, recognising its alignment with labour law standards and the interests of both the employer and employees. The Commission’s approval was based on a comprehensive assessment of the agreement’s provisions and their compliance with statutory requirements.

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