VIP Plastic Packaging Pty Ltd T/A VIP Packaging

[2022] FWCA 1845

[2022] FWCA 1845

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

VIP Plastic Packaging Pty Ltd T/A VIP Packaging

(AG2022/1247)

VIP Packaging Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 6 JUNE 2022

Application for approval of the VIP Packaging Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the VIP Packaging Enterprise Agreement 2022 (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 T/A VIP Packaging. The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings 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 the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), United Workers’ Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have each 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 organisations.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 21 – Termination of Employment.

·   Clause 40 – Public Holidays.

However, I am satisfied that the undertakings provided by the Employer address the inconsistencies.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2022. The nominal expiry date of the Agreement is 28 February 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE516179  PR742356>

Annexure A