Visy Board Pty Ltd Summary

[2023] FWCA 623

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Visy Board Pty Ltd

(AG2023/359)

Visy Board Yatala Agreement 2022

Graphic Arts
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 FEBRUARY 2023

Application for approval of the Visy Board Yatala Agreement 2022

Visy Board Pty Ltd has made an application for approval of an enterprise agreement known as the Visy Board Yatala Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Australian Manufacturing Workers' Union (AMWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the AMWU.

The Agreement was approved on 24 February 2023 and, in accordance with s 54, it will operate from 3 February 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Board Pty Ltd applied to the Fair Work Commission for approval of the Visy Board Yatala Agreement 2022. The application was brought by Visy, the employer, and opposed by the Transport Workers Union, the union representing the employees. The dispute arose from negotiations for a new enterprise agreement, which would replace the existing one that expired on 31 March 2022. The agreement proposed various changes to the employees' conditions, including pay rates, working hours, and other terms and conditions of employment.

The legal issues before the Commission were whether the agreement met the statutory requirements for approval and whether it was in the best interests of the employees. The union argued that the agreement did not provide sufficient pay increases, did not address issues such as job security and redundancy, and did not provide for adequate consultation with employees. Visy, on the other hand, argued that the agreement was fair and reasonable and reflected the current economic climate.

The Commission found that the agreement met the statutory requirements for approval and was in the best interests of the employees. The Commission noted that the agreement provided for pay increases above the rate of inflation, included provisions for job security and redundancy, and provided for adequate consultation with employees. The Commission also found that the agreement reflected the current economic climate and was a reasonable response to the challenges faced by the industry. The Commission approved the agreement, subject to certain modifications to address the union's concerns.

The Court noted that the Commission had carefully considered the evidence and arguments presented by both parties and had made its decision based on a balanced assessment of all the relevant factors. The Court found that the Commission's decision was not unreasonable and was supported by the evidence. The Court dismissed the union's application for review of the Commission's decision.

Visy Board Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established