DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Viscount Plastics Pty Ltd
(AG2016/536)

VISCOUNT PLASTICS (AUSTRALIA) PTY LTD WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2016 - 2018

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 APRIL 2016

Application for approval of the Viscount Plastics (Australia) Pty Ltd Western Australia Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Viscount Plastics (Australia) Pty Ltd Western Australia Enterprise Agreement 2016 - 2018 (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 Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] The 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on and, in accordance with s.54, will operate from 5 May 2016. The nominal expiry date of the Agreement is 28 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Viscount Plastics Pty Ltd, an employer, and various employees represented by unions, who sought approval of the Viscount Plastics (Australia) Pty Ltd Western Australia Enterprise Agreement 2016-2018. The dispute was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the Fair Work Act 2009 and whether it was appropriate for the agreement to be approved. This included assessing whether the agreement met the "better off overall test" (BOOT) and whether it adhered to the provisions of the Fair Work Act.

The Fair Work Commission found that the agreement met the BOOT, as employees would be better off overall due to the proposed changes, including wage increases and improved conditions. The Commission also considered the agreement's compliance with the Fair Work Act and found it to be lawful and fair. The Commission approved the Viscount Plastics (Australia) Pty Ltd Western Australia Enterprise Agreement 2016-2018, noting the parties' commitment to fair and reasonable terms of employment.

The Commission's final order was the approval of the enterprise agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment conditions of the employees covered by the agreement for the specified period.

Viscount Plastics 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