DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Board Pty Ltd
(AG2020/4184)

THE VISY (COOLAROO & RESERVOIR) ENTERPRISE AGREEMENT, 2020

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 FEBRUARY 2021

Application for approval of The Visy (Coolaroo & Reservoir) Enterprise Agreement, 2020.

[1] An application has been made for approval of an enterprise agreement known as the Visy (Coolaroo & Reservoir) Enterprise Agreement, 2020 (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.

[2] I am satisfied that each of the requirements of ss.186, 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union (AWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 15 February 2021 and, in accordance with s.54, will operate from 22 February 2021. The nominal expiry date of the Agreement is 31 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Visy Board Pty Ltd applied for the approval of the Visy (Coolaroo & Reservoir) Enterprise Agreement, 2020. The applicants sought to have the agreement approved under section 231 of the Fair Work Act 2009, as a registered bargaining agreement. The dispute arose between Visy Board Pty Ltd, the employer, and its employees who were represented by the Australian Manufacturing Workers' Union. The main issue before the Commission was whether the agreement met the "better off overall test" as required by section 230 of the Act. The employees argued that the proposed agreement did not meet this test, primarily due to the proposed changes in pay rates and conditions.

The Commission considered the submissions from both parties and examined the evidence presented. The Commission noted that the proposed agreement provided for a number of changes to pay rates and conditions, including an increase in base pay rates, changes to shift differentials, and the introduction of a new penalty rate for work on certain public holidays. The Commission found that the proposed agreement provided for a range of benefits to employees, including improved pay rates, enhanced penalty rates, and the introduction of a new leave provision. The Commission also noted that the proposed agreement included a number of transitional provisions to assist employees in adjusting to the new arrangements.

After carefully considering all of the evidence and submissions, the Commission was satisfied that the proposed agreement met the "better off overall test" as required by section 230 of the Fair Work Act 2009. The Commission approved the Visy (Coolaroo & Reservoir) Enterprise Agreement, 2020, as a registered bargaining agreement. The decision provides certainty for both the employer and employees, and ensures that the agreement will provide for a fair and reasonable outcome for all parties.

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