DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viscount Plastics (Australia) Pty Ltd
(AG2016/2852)

VISCOUNT MINTO AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 MAY 2016

Application for approval of the Viscount Minto Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Viscount Minto Agreement 2016 (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] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[4] The Agreement was approved on 27 May 2016 and, in accordance with s.54, will operate from 3 June 2016. The nominal expiry date of the Agreement is 31 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Viscount Plastics (Australia) Pty Ltd, seeking approval for the Viscount Minto Agreement 2016, which aimed to resolve a dispute between the company and its employees. The Fair Work Commission was the forum for this application, tasked with determining whether the proposed agreement would be in the best interests of the employees and the company. The legal issues at hand centred on the validity and fairness of the agreement under the Fair Work Act 2009. The court had to consider whether the agreement complied with the statutory requirements and whether it provided a genuine improvement in working conditions for the employees. Additionally, the court examined whether the agreement had been genuinely negotiated and whether it was in the best interest of the employees.

In delivering its decision, the Commission delved into the specifics of the Viscount Minto Agreement 2016, evaluating its provisions against the benchmarks set by the Fair Work Act. The court placed significant emphasis on the negotiation process, confirming that the agreement had indeed been genuinely negotiated between the parties. Furthermore, the Commission found that the agreement met the statutory requirements and was likely to result in improved working conditions for the employees. The court also noted that the agreement provided for a fair and reasonable balance of interests between the company and its employees. Ultimately, the Fair Work Commission approved the Viscount Minto Agreement 2016, finding it to be in the best interests of the employees and the company.

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