DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Board Pty Ltd
(AG2019/223)

VISY BOARD CAROLE PARK QUEENSLAND AGREEMENT 2018

Graphic Arts
COMMISSIONER YILMAZ	MELBOURNE, 9 AUGUST 2019

Application for approval of the Visy Board Carole Park Queensland Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Visy Board Carole Park Queensland Agreement 2018 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 16 August 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Visy Board Pty Ltd sought approval for the Visy Board Carole Park Queensland Agreement 2018 from the Fair Work Commission. This agreement proposed various terms and conditions of employment for the workers at Visy’s Carole Park facility. The dispute arose from disagreements between the company and the workers' representatives over the proposed changes in the agreement, including issues related to wages, conditions, and other employment terms.

The legal issues before the Commission included whether the proposed agreement met the requirements of the Fair Work Act 2009, including provisions on good faith bargaining, and whether it was in the best interests of the employees. The Commission had to determine if the agreement provided fair and reasonable terms and conditions for the employees and if it complied with the statutory requirements for approval.

The Commission considered various submissions and evidence from both parties. It examined the process of bargaining, the content of the proposed agreement, and its implications for the employees. The Commission concluded that the agreement was fair and reasonable and met the statutory requirements for approval. The decision highlighted the importance of good faith bargaining and the need for agreements to be in the best interests of the employees.

As a result, the Fair Work Commission approved the Visy Board Carole Park Queensland Agreement 2018. The approval meant that the proposed terms and conditions could be implemented, subject to the provisions of the agreement. The decision underscored the Commission’s role in ensuring that workplace agreements are fair, reasonable, and in compliance with the relevant legislation.

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