Visy Board Pty Ltd

[2024] FWCA 3961

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Visy Board Pty Ltd

(AG2024/3931)

VISY BOARD CAROLE PARK QUEENSLAND AGREEMENT 2024

Graphic Arts
COMMISSIONER SLOAN	SYDNEY, 13 NOVEMBER 2024

Application for approval of the Visy Board Carole Park Queensland Agreement 2024

Visy Board Pty Ltd (“the Employer”) has made an application for approval of an enterprise agreement known as the Visy Board Carole Park Queensland Agreement 2024 (“Agreement”), pursuant to s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”, known as the Australian Manufacturing Workers’ Union (“AMWU”), was a bargaining representative for the Agreement. It supports the Commission approving the Agreement.
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.
The Commission sought the views of the AMWU and of the employee bargaining representatives in respect of the undertakings.
Pursuant to s 190(3) of the Act, I accept the undertakings. The undertakings are taken to be a term of the Agreement.
Clause 22 of the Agreement provides that “parental leave will be provided as prescribed by the Visy Parental Leave Policy”. I have not seen that policy. However, in the declaration accompanying the application, the Employer stated that the policy does not reduce the entitlements that an employee would have under the National Employment Standards (“NES”). I also observe that cl 7 of the Agreement provides that nothing in the Agreement will undermine the NES.
Having regard to the undertakings, on the basis of the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 20 November 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The applicant, Visy Board Pty Ltd, applied to the Fair Work Commission for approval of the Visy Board Carole Park Queensland Agreement 2024. The application was made under section 234 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for employees of the respondent company, Visy Board, within the Carole Park facility in Queensland. The proposed agreement sought to modify various aspects of employee remuneration, work hours, and other employment conditions. The Commission was required to determine whether the proposed agreement met the criteria for approval as a "modern award" under the Fair Work Act.

The primary legal issue before the Commission was whether the proposed agreement provided for fair and reasonable terms and conditions of employment for the employees involved. This included assessing whether the agreement provided adequate protections and benefits, and whether it complied with relevant provisions of the Fair Work Act. The Commission also had to consider whether the agreement met the "better off overall test," ensuring that employees would be no worse off financially than under the existing award or enterprise agreement. Furthermore, the Commission needed to evaluate the process through which the agreement was negotiated and whether it was genuinely agreed to by the parties.

In its decision, the Commission found that the proposed agreement met the criteria for approval. The agreement provided for fair and reasonable terms and conditions of employment, ensuring that employees would not be worse off financially compared to their current situation. The Commission determined that the agreement complied with all relevant provisions of the Fair Work Act and that it had been genuinely negotiated and agreed to by the parties. The Commission considered that the proposed agreement improved certain aspects of employee remuneration and conditions, thereby satisfying the "better off overall test." Consequently, the Commission approved the Visy Board Carole Park Queensland Agreement 2024, which will now serve as a modern award for the employees of Visy Board at the Carole Park facility in Queensland.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established