Visit Industrial Pty Ltd

[2023] FWCA 548

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Visit Industrial Pty Ltd

(AG2023/107)

Visit Industrial (Oakleigh South) & United Workers Union Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 21 FEBRUARY 2023

Application for approval of the Visit Industrial (Oakleigh South) & United Workers Union Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Visit Industrial (Oakleigh South) & United Workers Union Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Visit Industrial Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 16 February 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The United Workers Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2023. The nominal expiry date of the Agreement is 21 February 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Visit Industrial Pty Ltd, sought approval for an enterprise agreement between itself and the United Workers Union. The application was made to the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The union represented the employees of Visit Industrial, and the proposed agreement aimed to regulate the terms and conditions of employment for those workers.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory requirements set out in the Fair Work Act. Specifically, the Commission had to determine whether the agreement contained all the mandatory terms prescribed by the Act, whether it was made in good faith, and whether it met the requirements for a protected action ballot. Additionally, the Commission needed to assess whether the agreement provided appropriate protections for employees and whether it was likely to lead to improved industrial relations outcomes.

In delivering its decision, the Commission noted that the proposed agreement contained all the mandatory terms required by the Fair Work Act. The Commission was satisfied that the agreement was made in good faith, as evidenced by the negotiation process between the parties. Furthermore, the Commission found that the agreement met the requirements for a protected action ballot, as the union had provided the necessary information and documentation. The Commission also concluded that the agreement provided appropriate protections for employees and was likely to lead to improved industrial relations outcomes. Therefore, the Commission approved the enterprise agreement.

Consequently, the Fair Work Commission approved the Visit Industrial (Oakleigh South) & United Workers Union Enterprise Agreement 2022, which will now govern the terms and conditions of employment for the employees represented by the union. The agreement will come into effect on the date of the Commission's approval and will remain in force until it is terminated or replaced by a new enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established