DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VIP Plastic Packaging Pty Ltd T/A VIP Packaging
(AG2015/2861)

VIP PACKAGING ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 13 JULY 2015

Application for approval of the VIP Packaging Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the VIP Packaging Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by VIP Plastic Packaging Pty Ltd T/A VIP Packaging. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the employee bargaining representatives with respect to these undertakings and no views were proffered by the employee bargaining representatives in relation to the undertakings.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] Each of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), National Union of Workers (NUW) and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the CEPU, NUW and AMWU.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 20 July 2015. The nominal expiry date of the Agreement is 28 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The applicant, VIP Plastic Packaging Pty Ltd, trading as VIP Packaging, applied to the Fair Work Commission for approval of the VIP Packaging Enterprise Agreement 2015. The dispute arose from the negotiation process and content of the agreement, which was intended to cover employees in the packaging industry. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal criteria for approval.

The primary legal issues before the court were whether the agreement was genuinely bargained for, if it provided adequate protections for employee rights and entitlements, and whether it complied with the relevant provisions of the Fair Work Act 2009. The applicant argued that the agreement was the result of genuine bargaining and provided fair and reasonable terms for both parties. The court had to assess the evidence and arguments presented to determine the validity of the agreement.

In its decision, the Fair Work Commission considered the process through which the agreement was negotiated and the content of the agreement itself. The court examined whether the bargaining process was genuine and whether there was compliance with procedural fairness. It also evaluated whether the agreement provided for minimum entitlements and whether it was in the best interests of the employees. After reviewing the evidence, the Commission found that the agreement was genuinely negotiated and met the legal requirements for approval. Consequently, the application for approval was granted.

The Fair Work Commission ordered the approval of the VIP Packaging Enterprise Agreement 2015, effective from the date of the decision. This approval ensures that the agreement will govern the employment conditions for the relevant employees, subject to any further negotiations or variations in accordance with the law.

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