DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Board Pty Ltd
(AG2020/2387)

VISY INDUSTRIES GEPPS CROSS/BERRI ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 31 AUGUST 2020

Application for approval of the Visy Industries Gepps Cross/Berri Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Visy Industries Gepps Cross/Berri 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Visy Board Pty Ltd, sought approval for the Visy Industries Gepps Cross/Berri Enterprise Agreement 2020. The application was brought before the Fair Work Commission (FWC) by the employer, which aimed to have the agreement certified as covering all employees within its scope. The agreement was contested by the union, the National Union of Workers (NUW), which argued that the proposed changes were not in the best interests of the employees. The FWC was required to consider the application and determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issues before the FWC involved whether the proposed enterprise agreement was procedurally and substantively valid. Procedurally, the FWC needed to assess whether the agreement was made in good faith and whether appropriate consultation had occurred. Substantively, the FWC had to determine if the agreement's terms were fair and reasonable. The union raised several objections, including concerns about the impact on employee conditions and the adequacy of consultation. The employer argued that the changes were necessary to remain competitive and that the agreement was fair.

In its decision, the FWC examined the evidence presented by both parties. The FWC found that the agreement had been made in good faith and that adequate consultation had taken place, despite some concerns raised by the union. Regarding the substantive fairness of the agreement, the FWC determined that while some of the union's objections were valid, the overall terms of the agreement were fair and reasonable. The FWC considered the economic context and the necessity of the changes for the employer's competitiveness. The FWC approved the Visy Industries Gepps Cross/Berri Enterprise Agreement 2020, noting that it met the statutory requirements for approval.

The FWC ordered the certification of the Visy Industries Gepps Cross/Berri Enterprise Agreement 2020. The agreement was to apply to the employees specified within its scope, and the terms and conditions set out in the agreement would govern their employment. The union's objections were partially upheld, but the overall fairness of the agreement led to its approval. The decision underscored the importance of balancing the interests of both employers and employees in the context of enterprise bargaining.

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