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

CaseChat Overview and Summary

Viscount Plastics (Australia) Pty Ltd sought approval for their Western Australia Enterprise Agreement 2019-2023, which was submitted to the Fair Work Commission for approval. The agreement aimed to govern the terms and conditions of employment for employees of Viscount Plastics in Western Australia. The application was contested by the Building and Construction Industry Union, which argued that the proposed agreement did not adequately address various employment conditions, including minimum wages and hours of work.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement met the requirements for "better off overall test" and whether it included all necessary provisions mandated by the Act. The court also had to consider if the agreement provided fair and reasonable terms for the employees, particularly in terms of minimum wages, leave entitlements, and other employment conditions.

The Fair Work Commission examined the provisions of the proposed agreement and the submissions from both parties. The Commission found that the agreement largely complied with the requirements of the Fair Work Act. The agreement provided for minimum wages and conditions that were at least equal to the relevant award, and it included provisions for various types of leave and other employment benefits. The Commission also noted that the agreement had been negotiated in good faith and that the employees had been adequately informed about the terms of the agreement. Consequently, the Commission approved the Viscount Plastics (Australia) Pty Ltd Western Australia Enterprise Agreement 2019-2023.

The Fair Work Commission's decision was made in light of the evidence and submissions presented by both parties. The Commission concluded that the agreement provided fair and reasonable terms for the employees and complied with the statutory requirements. As such, the Commission approved the enterprise agreement, allowing it to come into effect from the specified date.

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