VIP Steel Packaging Pty Ltd

[2019] FWCA 6866

[2019] FWCA 6866

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

VIP Steel Packaging Pty Ltd
(AG2019/2708)

VIP STEEL PACKAGING HEMMANT AGREEMENT 2019.

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 17 OCTOBER 2019

Application for approval of the VIP Steel Packaging Hemmant Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the VIP Packaging Hemmant Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by VIP Steel Packaging Pty Ltd.

[2] The Agreement is a single enterprise agreement.

[3] Mr Rohan Webb, Queensland State Secretary of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), a bargaining representative for the Agreement, filed a Form F18 statutory declaration stating the AMWU supported the approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement cover it.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[5] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). The employer has provided an undertaking to address this and I am satisfied that per the undertaking, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] 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 undertakings are taken to be a term of the Agreement.

[7] In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE505588  PR713026>

Appendix A