DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Board Pty Limited
(AG2018/5316)

VISY BOARD TRUGANINA ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER BISSETT	MELBOURNE, 13 JUNE 2019

Application for approval of the Visy Board Truganina Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Visy Board Truganina Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Visy Board Pty Limited. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2019. The nominal expiry date of the Agreement is 12 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Visy Board Pty Limited sought approval of the Visy Board Truganina Enterprise Agreement 2018. The application was made under the Fair Work Act 2009, and the dispute involved the terms and conditions of employment for workers at Visy Board's Truganina facility. The Commission was required to determine whether the agreement met the requirements of the Act, including whether it was fairly negotiated, provided for appropriate minimum terms and conditions, and passed certain other statutory tests.

The legal issues before the Commission included whether the agreement fairly reflected the balance of power between the parties, whether the minimum terms and conditions were appropriate, and whether the agreement complied with the procedural requirements of the Act. The Commission considered submissions from both Visy Board and the union representing the employees, as well as evidence from both sides. In particular, the union argued that the agreement did not provide for adequate protections for employees in relation to redundancy and other matters.

In its decision, the Commission found that the agreement was fairly negotiated and met the requirements of the Act. It found that the minimum terms and conditions were appropriate, and that the agreement complied with the procedural requirements of the Act. The Commission noted that while the union had raised concerns about certain provisions of the agreement, it had not demonstrated that these provisions were unfair or inappropriate. The Commission therefore approved the Visy Board Truganina Enterprise Agreement 2018. No further orders were made.

Visy Board Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established