| [2024] FWCA 116 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
VIP Steel Packaging Pty Ltd T/A Viscount Steel Packaging Pty Ltd
(AG2023/5214)
VIP STEEL PACKAGING HEMMANT AGREEMENT 2023 - 2026
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 12 JANUARY 2024 |
Application for approval of the VIP Steel Packaging Hemmant Agreement 2023 – 2026.
An application has been made for approval of an enterprise agreement known as the VIP Steel Packaging Hemmant Agreement 2023 - 2026 (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 Viscount Steel Packaging Pty Ltd. The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, which commenced operation on 6 June 2023. By reason of the transitional arrangements for the Amending Act and the notification time for the Agreement of 18 April 2023, the genuine agreement requirements for agreement approval in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023 apply to the present application. Further, as the Agreement was made on 6 December 2023 the better off overall test provisions in Part 2-4 of the Fair Work Act as amended on 6 June 2023 apply.
The Employer 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. The undertakings are taken to be a term of the Agreement.
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.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2024. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE523080 PR770115>
Annexure A
- AGLC
- VIP Steel Packaging Pty Ltd T/A Viscount Steel Packaging Pty Ltd [2024] FWCA 116
- Case
- [2024] FWCA 116
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court included whether the agreement was genuinely negotiated, if it provided for the fair and equitable treatment of employees, and if it complied with all statutory requirements. The court had to ensure that the agreement was not detrimental to the employees and that it adhered to the provisions outlined in the Fair Work Act. The court also had to consider the views of the relevant union and whether the agreement met the standards of procedural fairness.
The court conducted a thorough examination of the negotiation process and the terms of the agreement. It was satisfied that the agreement had been genuinely negotiated, as evidenced by the records provided. The court found that the agreement was fair and equitable, providing appropriate protections and benefits for the employees. The court was also satisfied that the agreement complied with all statutory requirements and did not disadvantage the employees. Based on these findings, the court approved the agreement.
The court's final orders included the approval of the VIP Steel Packaging Hemmant Agreement 2023 – 2026, subject to the terms and conditions specified in the agreement. The court emphasised the importance of maintaining a balanced approach to the negotiation and implementation of enterprise agreements, ensuring fairness and compliance with the law.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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