DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Board Pty Ltd
(AG2020/2)

VISY (SMITHFIELD, WARWICK FARM, DANDENONG, O’CONNOR) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 24 FEBRUARY 2020

Application for approval of the Visy (Smithfield, Warwick Farm, Dandenong, O’Connor) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Visy (Smithfield, Warwick Farm, Dandenong, O’Connor) Enterprise Agreement 2019 (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 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 2 March 2020. The nominal expiry date of the Agreement is 20 September 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Board Pty Ltd recently appeared before the Fair Work Commission in a case concerning the approval of the Visy (Smithfield, Warwick Farm, Dandenong, O’Connor) Enterprise Agreement 2019. The applicant sought to have this enterprise agreement approved under section 231 of the Fair Work Act 2009, and the dispute centred on whether the agreement met the requirements for approval as a protected action (bargaining) agreement.

The key legal issues the court had to resolve were whether the agreement had been made in good faith and whether it contained all the mandatory terms as required by the Fair Work Act. Additionally, the court needed to consider whether the agreement provided for a fair and efficient bargaining process and if it contained appropriate dispute resolution provisions. The applicant had to demonstrate that the agreement was the product of genuine negotiations between the parties and that it met the statutory criteria for approval.

The court found that the agreement was indeed made in good faith and contained all the mandatory terms required by the Fair Work Act. It concluded that the agreement provided for a fair and efficient bargaining process and included appropriate dispute resolution provisions. The court was satisfied that the agreement was the result of genuine negotiations between the parties and that it met the statutory criteria for approval. Consequently, the application for approval of the Visy (Smithfield, Warwick Farm, Dandenong, O’Connor) Enterprise Agreement 2019 was successful.

As a result of the court's decision, the Visy (Smithfield, Warwick Farm, Dandenong, O’Connor) Enterprise Agreement 2019 was approved, and it will now serve as a legally binding agreement between Visy Board Pty Ltd and the relevant employees. The approval of this agreement ensures that the terms and conditions of employment are fairly negotiated and comply with the requirements of the Fair Work Act.

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