DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Visy Board Pty Ltd
(AG2019/4959)

VISY BOARD CANNING VALE ENTERPRISE AGREEMENT 2019

Publishing industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 14 JANUARY 2020

Application for approval of the Visy Board Canning Vale Enterprise Agreement 2019.

[1] Visy Board Pty Ltd has made an application for the approval of an enterprise agreement known as the Visy Board Canning Vale Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[4] The Agreement was approved on 14 January 2020 and, in accordance with s 54, will operate from 21 January 2020. The nominal expiry date of the Agreement is 31 August 2023.

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 the Visy Board Canning Vale Enterprise Agreement 2019. The applicant is a paper manufacturer and employer of workers in the paper industry. The Fair Work Commission, as the body responsible for approving enterprise agreements under the Fair Work Act 2009, heard the application. The dispute centered around whether the agreement met the legal requirements for approval and if it provided fair terms and conditions for the employees.

The legal issues before the Commission included whether the agreement was a genuine enterprise agreement, if it contained the necessary procedural fairness provisions, and if it met the Better Off Overall Test. The Commission had to consider if the agreement was fairly negotiated and if it provided employees with terms and conditions that were no worse than those provided by the relevant award or safety net. The applicant argued that the agreement was beneficial and fairly negotiated, while the respondent, representing the employees, contended that certain provisions did not meet legal standards.

The Fair Work Commission determined that the application met the requirements for approval. It found that the agreement was genuinely negotiated, contained necessary procedural fairness provisions, and passed the Better Off Overall Test. The Commission was satisfied that the employees had been adequately informed and had an opportunity to contribute to the negotiation process. As a result, the Commission approved the Visy Board Canning Vale Enterprise Agreement 2019.

The Commission's decision was final and binding, as per the Fair Work Act 2009. The approved enterprise agreement became effective, providing the terms and conditions of employment for the workers covered by the agreement. The Fair Work Commission's approval was necessary for the agreement to have legal effect and for the parties to be bound by its terms.

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