DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VIP Steel Packaging Pty Ltd
(AG2015/7452)

VIP PACKAGING GRANVILLE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 18 DECEMBER 2015

Application for approval of the VIP Packaging Granville Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the VIP Packaging Granville Agreement 2015 (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.

[2] The Applicant 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.

[3] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2015. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

VIP Steel Packaging Pty Ltd applied for approval of the VIP Packaging Granville Agreement 2015, which was made to regulate the employment of workers in its Granville factory. The application was made to the Fair Work Commission (FWC) by the company, who argued that the agreement would improve productivity and efficiency in the workplace. The Australian Manufacturing Workers' Union (AMWU) opposed the application, contending that the agreement did not comply with various provisions of the Fair Work Act 2009 (Cth) and the Fair Work Regulations 2009 (Cth).

The legal issues before the FWC included whether the agreement provided for the appropriate terms and conditions for the employees, and whether the agreement was made in good faith and not for the purpose of undermining the employees' rights. The FWC considered the evidence presented by both parties and assessed the agreement against the relevant legislative provisions. The FWC found that while the agreement contained some provisions that did not comply with the Act, these could be modified to achieve compliance. The FWC concluded that the agreement was made in good faith and did not undermine the employees' rights, and approved the agreement with modifications.

The court found that the application was made in good faith and the agreement did not undermine the employees' rights. The FWC approved the VIP Packaging Granville Agreement 2015, subject to certain modifications to ensure compliance with the Act. The modifications included changes to the provisions relating to shift patterns, overtime, and the use of labour hire workers. The AMWU was granted leave to appeal the decision to the Federal Court.

VIP Steel 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