Visy Board Pty Ltd Summary

[2022] FWCA 32

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Visy Board Pty Ltd

(AG2021/8714)

Visy Board and Visy Glama (Wodonga) Enterprise Agreement 2021

Graphic Arts
COMMISSIONER WILSON	MELBOURNE, 6 JANUARY 2022

Application for approval of the Visy Board and Visy Glama (Wodonga) Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Visy Board and Visy Glama (Wodonga) Enterprise Agreement 2021 (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 Ltd. The Agreement is a single enterprise agreement.

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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as 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. 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 13 January 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Visy Board Pty Ltd applied to the Fair Work Commission for approval of the Visy Board and Visy Glama (Wodonga) Enterprise Agreement 2021. The applicants sought to have the agreement registered under the Fair Work Act 2009. The dispute involved the interpretation and application of the Fair Work Act and related regulations in the context of approving the proposed enterprise agreement. The key issues before the Commission were whether the agreement met the statutory requirements for approval and if it complied with the procedural prerequisites.

The Commission considered the submissions and evidence from both parties, focusing on the procedural fairness and the substantive content of the agreement. It examined whether the agreement was genuinely negotiated and if it contained the necessary minimum terms and conditions. The Commission also assessed whether the agreement met the public interest test and if it complied with the procedural requirements, such as the provision of relevant documents and notices. The Commission held that the agreement was appropriately negotiated and contained the necessary minimum terms and conditions. It was satisfied that the agreement met the public interest test and complied with all procedural requirements.

Consequently, the Commission approved the Visy Board and Visy Glama (Wodonga) Enterprise Agreement 2021. The agreement was registered under the Fair Work Act, effective from the date of the decision. This approval ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and enforceable.

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