Viscount Rotational Mouldings Pty Ltd

[2023] FWCA 2863

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Viscount Rotational Mouldings Pty Ltd

(AG2023/2883)

VISCOUNT ROTATIONAL MOULDINGS ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 SEPTEMBER 2023

Application for approval of the Viscount Rotational Mouldings Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Viscount Rotational Mouldings Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Viscount Rotational Mouldings Pty Ltd. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, which commenced operation on 6 June 2023. By reason of the transitional arrangements for the Amending Act and the notification time for the Agreement of 17 March 2023, the genuine agreement requirements for agreement approval in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023 apply to the present application. Further, as the Agreement was made on 10 August 2023 the better off overall test provisions in Part 2-4 of the Fair Work Act as amended on 6 June 2023 apply.

The Employer 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, 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.

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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Viscount Rotational Mouldings Pty Ltd is the applicant for the approval of the Viscount Rotational Mouldings Enterprise Agreement 2023. The application was made to the Fair Work Commission under the Fair Work Act 2009. The dispute revolves around the terms and conditions of employment for the workers under this proposed agreement. The key issues before the Commission were whether the agreement met the requirements for approval under the Act, including whether it provided for a safety net of minimum entitlements, and whether it was made in good faith and without coercion.

The Commission examined the provisions of the agreement to determine if they complied with the legislative requirements. The Viscount Rotational Mouldings Enterprise Agreement 2023 was found to provide for a safety net of minimum entitlements, including rates of pay and conditions such as leave entitlements and maximum weekly hours of work. The agreement also contained provisions for dispute resolution, superannuation, and other employment conditions. The Commission considered whether the agreement was made in good faith and without coercion, taking into account the process by which it was negotiated and the context of its making. The evidence presented indicated that the agreement was negotiated in a manner consistent with the principles of good faith bargaining and without any undue influence or coercion.

After considering the evidence and arguments presented, the Fair Work Commission approved the Viscount Rotational Mouldings Enterprise Agreement 2023. The decision was based on the findings that the agreement met the statutory requirements for approval, including providing for a safety net of minimum entitlements and being made in good faith. The Commission determined that the agreement was in the best interests of the employees and the employer, and it would promote harmonious, productive, and cooperative workplace relations. The approval of the agreement is effective from the date of the Commission's decision and binds all employees and employers 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