VIP Steel Packaging Pty Ltd

[2014] FWCA 1688

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VIP Steel Packaging Pty Ltd
(AG2014/3892)

VIP PACKAGING TRUGANINA STEEL AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 11 MARCH 2014

Application for approval of the VIP Packaging Truganina Steel Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the VIP Packaging Truganina Steel Agreement 2013 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 March 2014. The nominal expiry date of the Agreement is 30 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

VIP Steel Packaging Pty Ltd sought approval for the VIP Packaging Truganina Steel Agreement 2013, which aimed to set minimum terms and conditions for employees within the company's Truganina operations. The application was brought before the Fair Work Commission by the Australian Manufacturing Workers' Union, which represented the employees, and opposed by the employer. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for a fair and efficient workplace, and whether it was free from coercion and undue influence.

The court was tasked with determining if the agreement was genuinely negotiated between the parties and if it was consistent with the provisions of the Fair Work Act. It also had to consider if the agreement provided for appropriate mechanisms for dispute resolution and if it was in line with the principles of enterprise flexibility. Additionally, the court examined whether the agreement had been certified by the Fair Work Ombudsman, and if the union had genuinely represented the employees during the negotiation process.

The Fair Work Commission found that the agreement was genuinely negotiated and met the statutory requirements for approval. The court noted that the agreement provided for fair and efficient workplace terms, and that it included provisions for dispute resolution and adherence to enterprise flexibility principles. The court also confirmed that the agreement had been certified by the Fair Work Ombudsman and that the union had genuinely represented the employees during the negotiation process. The court concluded that the agreement was in the best interests of the employees and approved the application for the VIP Packaging Truganina Steel Agreement 2013.

The final orders of the Commission were that the VIP Packaging Truganina Steel Agreement 2013 be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of registration and would apply to the employees of VIP Steel Packaging Pty Ltd within the Truganina operations. The Commission also directed that the agreement be published on the Fair Work Ombudsman's website and that a copy be provided to the employer and the Australian Manufacturing Workers' Union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established