DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VIP Plastic Packaging Pty Ltd T/A VIP Plastic Packaging Pty Ltd
(AG2020/2040)

VIP PACKAGING BRENDALE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 19 AUGUST 2020

Application for approval of the VIP Packaging Brendale Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the VIP Packaging Brendale Agreement 2020 (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 Plastic Packaging Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement does not contain a model consultation term compliant with the Act. Pursuant to s.205(2) of the Act, the consultation term prescribed by the Fair Work Regulations 2009 are taken to be terms of the Agreement.

[5] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union (AMWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the AMWU wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were VIP Plastic Packaging Pty Ltd T/A VIP Plastic Packaging Pty Ltd and the relevant trade union. The dispute centred around the application for approval of the VIP Packaging Brendale Agreement 2020. The Fair Work Commission was the court in which this matter was heard.

The legal issues that the Commission had to decide included whether the agreement met the requirements of the Fair Work Act 2009 and whether the agreement was in the best interests of the employees. The Commission also had to determine if the agreement provided for appropriate terms and conditions, including minimum wages and conditions, and if it facilitated the operation of a productive and efficient workplace.

The Commission found that the VIP Packaging Brendale Agreement 2020 was compliant with the Fair Work Act 2009 and was in the best interests of the employees. The agreement provided for appropriate terms and conditions, including minimum wages and conditions, and facilitated the operation of a productive and efficient workplace. The Commission approved the agreement, highlighting that it contained provisions for flexible working arrangements, which would benefit both the employer and employees.

In conclusion, the Fair Work Commission approved the VIP Packaging Brendale Agreement 2020, finding that it met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The agreement provided for appropriate terms and conditions and facilitated the operation of a productive and efficient workplace.

VIP Plastic Packaging Pty Ltd T/A VIP Plastic Packaging Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established