Viscount Plastics (Australia) Pty Ltd

[Note: a correction has been issued to this document]

[2013] FWCA 603

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Viscount Plastics (Australia) Pty Ltd

(AG2012/14375)

VISCOUNT PLASTICS (AUSTRALIA) PTY LTD WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2013-2015

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 24 JANUARY 2013

Application for approval of the Viscount Plastics (Australia) Pty Ltd Western Australia Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Viscount Plastics (Australia) Pty Ltd Western Australia Enterprise Agreement 2013 - 2015 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 20 December 2012.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Viscount Plastics (Australia) Pty Ltd sought approval for an enterprise agreement with United Voice, a bargaining representative for the agreement, under section 185 of the Fair Work Act 2009. The Viscount Plastics (Australia) Pty Ltd Western Australia Enterprise Agreement 2013-2015 was a single-enterprise agreement, and the application for its approval was made by the company. The Deputy President of the Fair Work Commission was tasked with determining whether the agreement met the requirements of sections 186, 187, and 188 of the Act.

The legal issues before the Deputy President involved whether the agreement fulfilled the statutory requirements for approval under the Act. This included assessing whether the agreement was bona fide, had been negotiated in good faith, and met the other criteria set out in the Act. Additionally, the court had to determine whether the agreement was in the best interest of the employees, and whether it complied with the provisions of the Fair Work Act.

After considering the evidence and submissions, the Deputy President found that the Viscount Plastics (Australia) Pty Ltd Western Australia Enterprise Agreement 2013-2015 met all the requirements for approval under the Fair Work Act. The Deputy President was satisfied that the agreement had been negotiated in good faith and was in the best interest of the employees. The agreement was approved and will operate from seven days from the date of the decision. The nominal expiry date of the agreement is 20 December 2012.

The final orders made by the Deputy President were that the Viscount Plastics (Australia) Pty Ltd Western Australia Enterprise Agreement 2013-2015 be approved and that it will operate from seven days from the date of the decision. The approval of the agreement ensures that it is legally binding on the parties and provides a framework for the employment relationship between Viscount Plastics (Australia) Pty Ltd and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established