Viscount Plastics (Australia) Pty Ltd

[2019] FWCA 4192

[2019] FWCA 4192

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Viscount Plastics (Australia) Pty Ltd
(AG2019/1556)

VISCOUNT PLASTICS (AUSTRALIA) PTY LTD WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2019-2023

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 17 JUNE 2019

Application for approval of the Viscount Plastics (Australia) Pty Ltd Western Australia Enterprise Agreement 2019-2023

[1] Viscount Plastics (Australia) Pty Ltd (Viscount Plastics) has applied for approval of an enterprise agreement known as the Viscount Plastics (Australia) Pty Ltd Western Australia Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Commission raised certain concerns regarding the Agreement with Viscount Plastics, and as a result, written undertakings were made by Viscount Plastics. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the bargaining representatives regarding the undertakings provided by Viscount Plastics. United Voice supports the approval of the Agreement subject to the written undertakings. No other bargaining representative has expressed a view on the proposed undertakings.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] United Voice 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 June 2019. The nominal expiry date of the Agreement is four years after the date of approval by the Commission.

COMMISSIONER

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Annexure A