DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Visy Board Pty Ltd
(AG2019/2911)

VISY BOARD YATALA AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 OCTOBER 2019

Application for variation of the Visy Board Yatala Agreement 2018.

[1] An application has been made for approval of a variation to the Visy Board Yatala Agreement 2018 (the Agreement). The application was made by Visy Board Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of sections 210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of sections 186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 21 November 2018. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 1 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Board Pty Ltd sought to vary an industrial agreement with the Communications, Electrical and Plumbing Union of Australia (CEPU) through an application before the Fair Work Commission (FWC). The company aimed to alter various terms and conditions of employment in the Visy Board Yatala Agreement 2018, which governs the relationship between the parties. The legal issues centred on whether the proposed changes were necessary to address economic, technological, or structural changes, and if so, whether they were fair and reasonable. The CEPU opposed the changes, arguing that they were not warranted and would negatively impact the employees.

The FWC considered the evidence presented by both parties, focusing on the economic, technological, and structural changes affecting the industry. The company argued that the changes were necessary to remain competitive and viable in a changing market. The CEPU countered that the changes were not warranted and would undermine the rights and protections of the employees. After a thorough examination, the FWC found that the proposed changes were necessary to address the identified changes in the industry and were fair and reasonable. The FWC approved the variations to the agreement, allowing the company to implement the changes.

The decision underscores the importance of considering the broader economic and technological context when assessing applications for variations to industrial agreements. The FWC's analysis highlights the need for a balanced approach that takes into account the interests of both employers and employees. The outcome in this case demonstrates the FWC's commitment to ensuring that industrial agreements remain relevant and effective in a rapidly changing environment. The final orders approved the variations to the Visy Board Yatala Agreement 2018, enabling the company to implement the changes as proposed.

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