Viscount Plastics (Australia) Pty Ltd Summary

[2013] FWCA 6924

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viscount Plastics (Australia) Pty Ltd
(AG2013/9213)

VISCOUNT PLASTICS BRAESIDE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 11 SEPTEMBER 2013

Application for approval of the Viscount Plastics Braeside Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Viscount Plastics Braeside Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Viscount Plastics (Australia) Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 18 September 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Viscount Plastics (Australia) Pty Ltd was the subject of an application for approval of the Viscount Plastics Braeside Enterprise Agreement 2013. The application was made by the company and the trade union, United Voice. The Fair Work Commission was the court in this matter. The dispute centred around whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provisions that dealt with the terms and conditions of employment for the employees of Viscount Plastics.

The primary legal issue before the Commission was whether the agreement, specifically the provisions related to the classification and remuneration of employees, complied with the provisions of the Fair Work Act. The company argued that the agreement was necessary for the business to remain competitive and viable, while the union contended that the terms and conditions provided for in the agreement were fair and reasonable.

In its decision, the Commission carefully considered the evidence provided by both parties. It examined the economic context in which Viscount Plastics operated, the bargaining positions of the parties, and the terms and conditions proposed in the agreement. The Commission found that the agreement provided for terms and conditions that were fair and reasonable, taking into account the overall economic circumstances of the business and the needs of the employees. The Commission approved the Viscount Plastics Braeside Enterprise Agreement 2013, noting that it met the requirements of the Fair Work Act.

The Fair Work Commission's decision was a detailed analysis of the evidence presented by both parties. The Commission determined that the agreement was fair and reasonable and approved it in accordance with the provisions of the Fair Work Act. The decision provides guidance to employers and unions on the considerations that the Commission will take into account when approving an enterprise agreement.

Viscount Plastics (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established