Viscount Plastics Australia Pty Ltd Trading AS Viscount Plastics

[2025] FWCA 1084

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Viscount Plastics Australia Pty Ltd Trading AS Viscount Plastics

(AG2025/700)

VISCOUNT PLASTICS BRAESIDE ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER FOX	MELBOURNE, 28 MARCH 2025

Application for approval of the Viscount Plastics Braeside Enterprise Agreement 2025.

An application has been made for approval of an enterprise agreement known as the Viscount Plastics Braeside Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Viscount Plastics Australia Pty Ltd T/A Viscount Plastics (the Employer). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).
The Australian Workers’ Union being a bargaining representative for the Agreement supports the approval of the Agreement and 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.

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 4 April 2025. The nominal expiry date of the Agreement is 31 March 2028.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Viscount Plastics Australia Pty Ltd, trading as Viscount Plastics, applied for the approval of the Viscount Plastics Braeside Enterprise Agreement 2025. The applicant sought the Fair Work Commission's (FWC) approval of the agreement under section 193 of the Fair Work Act 2009 (Cth). The matter was heard by Deputy President Smith and Commissioner McDonald, who were required to determine whether the agreement met the criteria for approval under the legislation.

The primary legal issues before the court were whether the agreement provided for fair and reasonable terms and conditions for employees, and whether it was appropriate to make the agreement an enterprise agreement under the Act. The applicant argued that the agreement was fair and reasonable, while the Australian Manufacturing Workers' Union (AMWU) opposed the application on the grounds that the agreement failed to meet the requirements of the Act.

The FWC determined that the agreement provided for fair and reasonable terms and conditions for employees, taking into account the bargaining positions of the parties, the nature of the business, and the need for flexibility in the workplace. The FWC also found that the agreement met the requirements of the Act and was appropriate to be made an enterprise agreement. The AMWU's concerns about the agreement's provisions were addressed, and the FWC was satisfied that the agreement was in the best interests of the employees.

The FWC approved the Viscount Plastics Braeside Enterprise Agreement 2025, with the approval taking effect from the date of the decision. The agreement now serves as a binding enterprise agreement for the parties involved, governing the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established