DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VIP Plastic Packaging Pty Ltd t/a VIP Packaging
(AG2015/7663)

VIP PACKAGING LAVERTON NORTH ENTERPRISE AGREEMENT 2015

Rubber, plastic and cable making industry
COMMISSIONER LEE	MELBOURNE, 14 JANUARY 2016

Application for approval of the VIP Packaging Laverton North Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the VIP Packaging Laverton North Enterprise Agreement 2015 (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.

[2] 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.

[3] 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.

[4] 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and National Union of Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the VIP Packaging Laverton North Enterprise Agreement 2015. VIP Plastic Packaging Pty Ltd, trading as VIP Packaging, applied for the approval of the enterprise agreement, which aimed to regulate the employment conditions of its employees in Laverton North. The Australian Manufacturing Workers’ Union opposed the approval, raising concerns about the fairness and adequacy of the agreement.

The primary legal issues the Commission had to address were whether the agreement was genuinely negotiated, if it was appropriately certified, and whether it complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission examined whether the agreement had been made in good faith, if it contained the necessary minimum terms and conditions, and if it was consistent with the provisions for employee representation and dispute resolution. The Commission also assessed the fairness of the proposed terms and conditions relative to industry benchmarks.

In its decision, the Fair Work Commission determined that the VIP Packaging Laverton North Enterprise Agreement 2015 was genuinely negotiated and appropriately certified. The Commission found that the agreement was made in good faith, contained the necessary minimum terms and conditions, and was consistent with the relevant statutory provisions. After considering the evidence presented and the arguments from both parties, the Commission concluded that the proposed terms and conditions were fair and reasonable. The Commission approved the agreement, acknowledging the need to balance the interests of the employer and employees in the context of the broader industry standards.

The final orders of the Fair Work Commission included the approval of the VIP Packaging Laverton North Enterprise Agreement 2015, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were required to adhere to its terms and conditions. The Commission emphasised the importance of ongoing compliance with the approved agreement and the need for any future variations to be subject to the appropriate negotiation and certification processes.

VIP Plastic Packaging Pty Ltd t/a VIP Packaging

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established