VIP Steel Packaging Pty Ltd

[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

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the case of VIP Steel Packaging Pty Ltd involved a dispute over the approval of the VIP Packaging Granville Agreement 2019. The applicants were the Australian Manufacturing Workers' Union and the Construction, Forestry, Maritime, Mining and Energy Union, who sought approval of the agreement. The respondent was VIP Steel Packaging Pty Ltd. The applicants argued that the agreement was necessary to provide fair and reasonable terms of employment for the workers involved. The respondent opposed the application on the grounds that the agreement was not in the best interests of the workers.

The legal issues the court needed to decide included whether the agreement provided fair and reasonable terms of employment for the workers, and whether it was in the best interests of the workers. The court had to consider the principles of good faith bargaining and the overall fairness of the agreement. The court also had to consider whether the agreement was consistent with the relevant industrial instruments and the Fair Work Act.

The court found that the agreement provided fair and reasonable terms of employment for the workers and was in their best interests. The court noted that the agreement provided for a number of improvements in the terms of employment, including increased wages and better working conditions. The court also found that the agreement was consistent with the relevant industrial instruments and the Fair Work Act. The court approved the VIP Packaging Granville Agreement 2019, subject to certain conditions. The respondent was ordered to implement the agreement and to provide the applicants with certain information about the agreement. The applicants were ordered to provide certain information to the workers about the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established