DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viscount Plastics (Australia) Pty Ltd
(AG2019/1052)

VISCOUNT MINTO AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 20 JUNE 2019

Application for approval of the Viscount Minto Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Viscount Minto Agreement 2019 (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.

[2] 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.

[3] 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 section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and United Voice 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 the organisations.

[5] The Agreement is approved and, in accordance with s.54, will operate from 27 June 2019. The nominal expiry date of the Agreement is 31 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, Viscount Plastics (Australia) Pty Ltd applied for the approval of the Viscount Minto Agreement 2019, which was intended to facilitate a resolution between the company and its employees. The primary dispute centred on the terms of the proposed agreement, which sought to address various employment issues, including wages, working conditions, and dispute resolution mechanisms.

The court was tasked with determining whether the Viscount Minto Agreement 2019 met the criteria for approval under the relevant industrial relations legislation. Specifically, the court needed to assess whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been genuinely negotiated between the parties. The court also considered whether the agreement would promote harmonious, productive, and cooperative workplace relations.

After thorough examination of the evidence and submissions, the court found that the Viscount Minto Agreement 2019 was fair and reasonable, having been negotiated in good faith and promoting cooperative workplace relations. The court was satisfied that the agreement met all the statutory requirements for approval. Consequently, the court granted the application and approved the Viscount Minto Agreement 2019. The final orders were issued in accordance with the court’s decision, allowing the agreement to be implemented as intended.

Viscount Plastics (Australia) 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