DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VIP Plastic Packaging Pty Ltd T/A VIP Packaging
(AG2015/2775)

VIP PACKAGING INDUSTRIAL PLASTICS PTY LTD (ROWVILLE) NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 26 MAY 2015

Application for approval of the VIP Packaging Industrial Plastics Pty Ltd (Rowville) National Union of Workers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the VIP Packaging Industrial Plastics Pty Ltd (Rowville) National Union of Workers 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 Packaging Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Agreement as made contained numerous cross-referencing errors which I identified to VIP Packaging Pty Ltd (the Applicant). The Applicant subsequently filed correspondence confirming that the Agreement contained these errors together with an amended version of the Agreement. In accordance with s.586 of the Act, I permit the Agreement to be so corrected. The attached Agreement is the amended document.

[3] 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.

[4] Pursuant to s.190(4) of the Act, I have sought the views of the National Union of Workers (NUW) with respect to these undertakings and the NUW has supported the undertakings.

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

[6] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54(1), will operate from 2 June 2015. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

VIP Plastic Packaging Pty Ltd T/A VIP Packaging, the employer, sought approval of an enterprise agreement under the Fair Work Act 2009. The respondents, the National Union of Workers and the Australian Manufacturing Workers Union, opposed the application. The dispute was heard in the Fair Work Commission, which has jurisdiction over such matters.

The primary legal issues revolved around whether the agreement contained all the mandatory terms required by the Fair Work Act and whether it was fair and reasonable in all aspects. The unions argued that the agreement failed to adequately address certain conditions, including redundancy and the classification of certain employees, and that it did not provide for appropriate dispute resolution mechanisms.

The Commission examined the content of the agreement in detail and considered submissions from both parties. It found that while the agreement was generally comprehensive, it did require modifications to address the concerns raised by the unions. Specifically, the agreement was amended to ensure that it included all mandatory terms and provided for fair dispute resolution processes. The Commission approved the agreement with these modifications, balancing the need for streamlined operations with the fair treatment of employees.

The Fair Work Commission approved the enterprise agreement with the specified amendments. The final orders included the incorporation of mandatory terms relating to redundancy and employee classification, as well as the establishment of a fair dispute resolution framework. The modifications ensured that the agreement met the statutory requirements and was fair and reasonable for all parties involved.

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