Viscount Plastics (Australia) Pty Ltd

[2023] FWCA 1608

[2023] FWCA 1608

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Viscount Plastics (Australia) Pty Ltd

(AG2023/1417)

VISCOUNT MINTO ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 6 JUNE 2023

Application for approval of the Viscount Minto Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Viscount Minto Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Viscount Plastics (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

1. 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.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. On 2 June 2023, the Applicant provided submissions to the Commission that further to its application, it opposes the publishing of the Wage Schedule. It further submits ‘that no wages are being redacted from the Agreement, that the wages are not ‘confidential’, as to access by the parties to the Agreement and the employees to be covered, and further there is no prohibition and/or restriction as to the employee’s right to discuss their pay openly and disclosing one's wages and salary information with others.’ It proposed to provide an undertaking to clarify access to the Wage Schedule.

1. Later that day, my chambers confirmed receipt of the Applicant’s submissions and requested an undertaking as proposed.

1. Later that day, the Applicant provided an undertaking to the Commission advising that employees will be paid in accordance with the rates of pay outlined in the Wage Schedule dated 20 April 2023 filed in the Commission with the Agreement. The Wage Schedule was signed by the employer, the Australian Manufacturing Workers’ Union (AMWU) and the United Workers Union (UWU). The Agreement as filed on 15 May 2023 did not contain rates of pay.

1. As the Agreement does not contain any rates of pay, there is nothing to redact upon

publication. The undertaking provides that employees are to be paid in accordance with the rates of pay in the Wage Schedule dated 20 April 2023. The document will be provided to any employee covered by the Agreement upon request, to the relevant unions covered by the Agreement or the Fair Work Ombudsman. I also note that the Wage Schedule will be available on the Commission’s file should an employee or the unions covered by the Agreement request to access it. Additionally, the Wage Schedule is subject to employee’s rights to disclosure of wages in ss.333B-333D of the Act.

1. The AMWU and UWU being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

1. The Agreement is approved and in accordance with s.54, will operate from 13 June 2023. The nominal expiry date of the Agreement is 31 March 2027.

COMMISSIONER

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Annexure A