VIP Steel Packaging Pty Ltd
[2019] FWCA 6870
•4 OCTOBER 2019
| [2019] FWCA 6870 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
VIP Steel Packaging Pty Ltd
(AG2019/3329)
VIP Packaging Granville Agreement 2019
| Manufacturing and associated industries | |
| Deputy President Masson | MELBOURNE, 4 OCTOBER 2019 |
Application for approval of the VIP Packaging Granville Agreement 2019.
An application has been made for approval of an enterprise agreement known as the VIP Packaging Granville 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. The Agreement is a single enterprise agreement.
The Employer 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. The undertakings are taken to be a term of the agreement.
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.
On 27 September 2019, the Applicant provided a wage schedule titled “VIP Packaging Granville Agreement 2019” (‘the Schedule’) to the Commission advising that the parties agree not to publish the wage rates in the Agreement for reasons pertaining to commercial sensitivity. However, as the wage schedule was not attached to the Agreement, it was not an enforceable term of the Agreement and therefore I could not be satisfied employees were better off overall.
The undertaking provided on the 2 October 2019 by the Applicant at Annexure A of this decision clearly incorporates by reference the Schedule and is therefore an enforceable term of the Agreement. This satisfies my concerns with respect to genuine agreement.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Australian Workers’ Union (AWU) 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 the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2019. The nominal expiry date of the Agreement is 30 June 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE505590 PR713031>
Annexure A
0
0
0