VIP Plastic Packaging Pty Ltd T/A VIP Packaging

[2018] FWCA 2207

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

VIP Plastic Packaging Pty Ltd T/A VIP Packaging

(AG2017/6590)

VIP Packaging Rowville and National Union of Workers Enterprise Agreement 2017

Manufacturing and associated industries
Commissioner Cirkovic	MELBOURNE, 17 APRIL 2018

Application for approval of the VIP Packaging Rowville and National Union of Workers Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the VIP Packaging Rowville and National Union of Workers Enterprise Agreement 2017 (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.

The Applicant 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.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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.

The National Union of Workers 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.

The Agreement was approved on 17 April 2018 and, in accordance with s.54, will operate from 24 April 2018. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

VIP Plastic Packaging Pty Ltd, trading as VIP Packaging, applied to the Fair Work Commission for approval of the VIP Packaging Rowville and National Union of Workers Enterprise Agreement 2017. The application was opposed by the National Union of Workers. The primary dispute involved the terms and conditions of employment as outlined in the proposed enterprise agreement. The Fair Work Commission was the tribunal tasked with resolving the application and opposition.

The legal issues before the Commission included whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, specifically whether it complied with the "better off overall test" and whether it contained terms that were "not contrary to public policy." Additionally, the Commission considered whether the agreement was genuinely an enterprise agreement, whether it was appropriately certified, and if the proper process was followed in the negotiation of the agreement.

In deliberating on these issues, the Commission examined the submissions and evidence provided by both parties. The Commission noted that the proposed agreement contained terms that were consistent with the principles of the Fair Work Act and provided for a number of benefits to employees. The Commission found that the agreement met the "better off overall test" and did not contain terms contrary to public policy. The Commission also concluded that the agreement was genuinely an enterprise agreement and was appropriately certified. The Commission approved the application and the proposed enterprise agreement was registered, thereby resolving the dispute in favour of VIP Plastic Packaging Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established