DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Board Pty Ltd
(AG2018/7422)

VISY BOARD AND VISY GLAMA (WODONGA) ENTERPRISE AGREEMENT 2018

Graphic Arts
COMMISSIONER LEE	MELBOURNE, 16 MAY 2019

Application for approval of the Visy Board and Visy Glama (Wodonga) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Visy Board and Visy Glama (Wodonga) Enterprise 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 as are relevant to this application for approval have been met.

[4] 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.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 7 (c) – Casual Employees

• Clause 13 – Annual Leave

However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 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

The matter before the Fair Work Commission involved an application for the approval of the Visy Board and Visy Glama (Wodonga) Enterprise Agreement 2018. The application was brought by Visy Board Pty Ltd, with the Australian Manufacturing Workers' Union as a party of interest. The dispute centred on whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the parties contested the fairness and validity of the agreement, particularly in relation to its provisions on pay rates, working conditions, and dispute resolution mechanisms.

The legal issues before the Commission included whether the agreement had been made in good faith, whether it contained terms that were genuinely negotiated, and whether it satisfied the requirements for a modern award under the Act. Additionally, the Commission had to determine whether the agreement appropriately balanced the interests of both employers and employees. The Commission's task was to ensure that the agreement provided for the efficient, productive and harmonious operation of the workplace, and that it did not adversely affect the operation of the modern award.

In examining the application, the Commission considered submissions from both Visy Board Pty Ltd and the Australian Manufacturing Workers' Union. The Commission noted that the agreement contained provisions that went beyond the modern award in areas such as pay rates and leave entitlements, which were found to be fair and reasonable. The Commission also took into account the parties' good faith negotiations and the agreement's overall balance in addressing the needs of both employers and employees. Ultimately, the Commission found that the Visy Board and Visy Glama (Wodonga) Enterprise Agreement 2018 met the statutory requirements for approval, as it did not adversely affect the operation of the modern award and was made in good faith.

Consequently, the Fair Work Commission approved the Visy Board and Visy Glama (Wodonga) Enterprise Agreement 2018, determining that it was a genuine agreement that met the requirements of the Fair Work Act. The approval ensures that the terms of the agreement will apply to the relevant employees and employers, providing a framework for the efficient, productive and harmonious operation of the workplace.

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