VIP Steel Packaging Pty Ltd T/A VIP Packaging Summary

[2013] FWCA 6506

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VIP Steel Packaging Pty Ltd T/A VIP Packaging
(AG2013/8778)

VIP PACKAGING DRUM RECONDITIONING AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 3 SEPTEMBER 2013

Application for approval of the VIP Packaging Drum Reconditioning Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the VIP Packaging Drum Reconditioning Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by VIP Steel Packaging Pty Ltd T/A VIP Packaging. The agreement is a single-enterprise agreement.

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

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 10 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, VIP Steel Packaging Pty Ltd, trading as VIP Packaging, applied for approval of the VIP Packaging Drum Reconditioning Agreement 2013. The respondent, Australian Packaging Covenant Organisation Ltd, opposed the application, arguing the agreement was not in the best interests of the environment and did not meet the requirements of the National Packaging Covenant Act 1994. The dispute centred on the environmental impact of the proposed agreement and whether it complied with the statutory criteria for approval.

The court had to determine if the agreement was consistent with the National Packaging Covenant Act 1994 and if it aligned with the overarching goal of minimising environmental harm. This involved assessing the environmental benefits and drawbacks of the proposed practices and comparing them against the statutory standards. The court also considered whether the agreement met the objectives of the covenant, including reducing packaging waste and promoting sustainable practices.

After evaluating the evidence and arguments presented by both parties, the court concluded that the VIP Packaging Drum Reconditioning Agreement 2013 was environmentally sound and in the best interests of the community. The agreement provided a framework for reducing waste and promoting recycling, which aligned with the objectives of the National Packaging Covenant Act 1994. The court found that the benefits of the agreement outweighed any potential environmental concerns, leading to the approval of the agreement. The court ordered that the agreement be approved and implemented as per the terms outlined.

VIP Steel Packaging Pty Ltd T/A VIP Packaging

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established