DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Board Pty Ltd
(AG2017/2811)

VISY INDUSTRIES GEPPS CROSS/BERRI ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 13 SEPTEMBER 2017

Application for approval of the Visy Industries Gepps Cross/Berri Enterprise Agreement 2017.

[1] On 13 July 2017 Visy Board Pty Ltd (Applicant) made an application for approval of the Visy Industries Gepps Cross/Berri Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 20 September 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Visy Board Pty Ltd, the Fair Work Commission was asked to approve the Visy Industries Gepps Cross/Berri Enterprise Agreement 2017. The dispute involved the proposed agreement between the employer and the employees' representative, the Communications, Electrical and Plumbing Union of Australia. The employees argued that the proposed agreement did not adequately protect their entitlements and working conditions, while the employer contended that the agreement was reasonable and necessary for the business's sustainability and competitiveness.

The primary legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and if it met the "better off overall test" as required by the Fair Work Act. The Commission had to consider whether the agreement provided employees with at least the minimum safety net entitlements and whether it was fair and reasonable, taking into account the overall interests of the employees.

After examining the evidence and arguments presented by both parties, the Fair Work Commission found that the proposed agreement was fair and reasonable. The Commission concluded that the agreement provided employees with appropriate protections and met the "better off overall test" as it offered better pay and conditions than the applicable awards. Consequently, the Commission approved the Visy Industries Gepps Cross/Berri Enterprise Agreement 2017, finding it to be compliant with the Fair Work Act and in the best interests of the employees.

As a result of the Commission's decision, the proposed enterprise agreement was approved and will now govern the employment conditions of the employees represented by the Communications, Electrical and Plumbing Union of Australia. The Fair Work Commission's approval ensures that the agreement is legally binding and enforceable, providing a framework for the relationship between the employer and employees in the Gepps Cross and Berri facilities.

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