DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VIP Steel Packaging Pty Ltd
(AG2015/3854)

VIP STEEL PACKAGING HEMMANT AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 17 JULY 2015

Application for approval of the VIP Steel Packaging Hemmant Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the VIP Steel Packaging Hemmant Agreement 2015 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 24 July 2015. The nominal expiry date of the Agreement is 30 June 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the matter were VIP Steel Packaging Pty Ltd, the applicant, and the Australian Manufacturing Workers' Union, the respondent. The dispute centred on the application for the approval of the VIP Steel Packaging Hemmant Agreement 2015 under the Fair Work Act 2009. The case was heard in the Fair Work Commission, presided over by Commissioner Cox.

The legal issues before the court revolved around whether the agreement in question satisfied the requirements of the Fair Work Act. Specifically, the court needed to determine if the agreement was a safety net agreement, and if it met the criteria for being a lawful and appropriate workplace agreement under the Act. This involved an analysis of the agreement's content and whether it provided fair terms and conditions of employment for the affected employees.

Commissioner Cox held that the agreement was indeed a safety net agreement, as it did not worsen the terms and conditions of employment for the employees covered by it. The court found that the agreement met the necessary criteria for approval, as it provided for minimum wages, penalties for unlawful termination, and a mechanism for resolving disputes. The agreement was deemed to be fair and appropriate, and thus met the requirements of the Fair Work Act. As a result, the application for approval of the VIP Steel Packaging Hemmant Agreement 2015 was granted.

The final orders of the court included the approval of the agreement, which would now serve as the workplace agreement between the applicant and the affected employees. The agreement was to be registered with the Fair Work Commission and would be binding on all parties involved. The decision also provided guidance for future applications of this nature, reinforcing the importance of ensuring that workplace agreements meet the necessary legal criteria to be approved.

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