DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Board Pty Ltd
(AG2021/4893)

VISY BOARD CAROLE PARK QUEENSLAND AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 13 MAY 2021

Application for approval of the Visy Board Carole Park Queensland Agreement 2021.

[1] Visy Board Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Visy Board Carole Park Queensland Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing 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 that organisation. In accordance with s.201(2) of the Act, and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[3] I am satisfied, on the basis of information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account ss.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 20 May 2021. The nominal expiry date of the Agreement is 30 June 2024.

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 an enterprise agreement titled the Visy Board Carole Park Queensland Agreement 2021. The applicant sought to have the agreement approved in order to regulate the employment of its employees within the organisation. The Fair Work Commission was the body responsible for considering the application and determining whether the agreement met the necessary criteria for approval.

The primary legal issue the Commission had to address was whether the proposed agreement complied with the requirements set out in the Fair Work Act 2009. This involved examining the fairness test, which assesses whether the agreement was made in good faith and free from coercion, and the protectability test, which ensures that the agreement does not undermine the safety net of minimum entitlements. Furthermore, the Commission needed to determine if the agreement was appropriately certified by an accredited bargaining representative.

In delivering its decision, the Commission found that the proposed agreement satisfied the fairness and protectability tests. The Commission noted that the agreement had been negotiated in good faith and was free from any undue influence or coercion. Additionally, the agreement did not undermine the safety net of minimum entitlements, as it provided for adequate pay rates and conditions for the employees. The Commission also confirmed that the agreement had been appropriately certified by an accredited bargaining representative. Based on these findings, the Commission approved the Visy Board Carole Park Queensland Agreement 2021, allowing it to take effect as a legally binding enterprise agreement.

As a result of the Commission's approval, the Visy Board Carole Park Queensland Agreement 2021 was approved and is now in effect. The agreement regulates the employment of employees within Visy Board Pty Ltd, setting out the terms and conditions of their employment. This decision provides clarity and certainty for both the employer and employees, ensuring that the agreement complies with the requirements of the Fair Work Act 2009.

Visy Board Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established