DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VIP Steel Packaging Pty Ltd T/A VIP Steel Packaging Pty Ltd
(AG2017/1471)

VIP PACKAGING TRUGANINA STEEL AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 17 MAY 2017

Application for approval of the VIP Packaging Truganina Steel Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the VIP Packaging Truganina Steel Agreement 2016 (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 T/A 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 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

[4] The Agreement was approved on 17 May 2017 and, in accordance with s.54, will operate from 24 May 2017. The nominal expiry date of the Agreement is 30 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, VIP Steel Packaging Pty Ltd, trading as VIP Steel Packaging Pty Ltd, sought approval for the VIP Packaging Truganina Steel Agreement 2016. The dispute arose from the negotiation of a new enterprise agreement, intended to cover employees in the Truganina facility, which was the subject of an existing agreement that had expired. The application for approval was contested by the Australian Manufacturing Workers' Union, which argued that the proposed agreement did not adequately address certain terms and conditions, particularly those relating to wages, entitlements, and working conditions.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, and whether it met the requirements of the Fair Work Act 2009. The Commission had to consider the fairness of the agreement's provisions, the bargaining process, and the extent to which it provided for the needs of the workforce. The union argued that the proposed agreement did not offer sufficient protections for employees, particularly in light of recent wage increases and changes in working conditions.

The Commission found that while the proposed agreement contained terms that were generally fair and reasonable, there were several areas where improvements could be made to better protect the employees. The Commission made several amendments to the agreement, including adjustments to wage rates and conditions to better align with industry standards and the needs of the workforce. The Commission concluded that, with these amendments, the agreement could be approved as meeting the requirements of the Act. The Commission's decision was therefore to approve the agreement with the specified amendments.

The final orders included the approval of the VIP Packaging Truganina Steel Agreement 2016, subject to the amendments made by the Commission. These amendments addressed the union's concerns regarding wages, entitlements, and working conditions, ensuring that the agreement provided for fair and reasonable terms and conditions for the employees. The agreement was to be implemented from the date of the decision, providing certainty for both the employer and the workforce.

VIP Steel Packaging Pty Ltd T/A 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