Visy Board Pty Ltd

[2014] FWCA 4422

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Visy Board Pty Ltd
(AG2014/1590)

VISY INDUSTRIES GEPPS CROSS/BERRI ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 7 JULY 2014

Application for approval of the Visy Industries Gepps Cross/Berri Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Visy Industries Gepps Cross/Berri Enterprise Agreement 2014 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 2014. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Visy Board Pty Ltd, sought approval of the Visy Industries Gepps Cross/Berri Enterprise Agreement 2014, which was to be registered under the Fair Work Act 2009. The application was made to the Fair Work Commission, and the applicant sought a declaration that the agreement met the requirements for approval under the Act. The dispute involved the interpretation of certain provisions within the agreement and their compliance with the statutory framework governing enterprise agreements.

The central legal issues before the Commission were whether the provisions of the agreement complied with the requirements of the Fair Work Act, specifically concerning the process by which the agreement was negotiated and the extent to which it provided for the terms and conditions of employment. Key points of contention included whether the agreement had been genuinely negotiated, and if the required majority of employees had agreed to the terms. The Commission also considered the procedural fairness of the bargaining process and the overall fairness of the agreement's terms.

The Fair Work Commission examined the evidence and submissions from both parties, focusing on the negotiation process and the agreement's content. The Commission found that the agreement had been genuinely negotiated and that the majority of employees had agreed to its terms. It concluded that the process was procedurally fair and that the terms of the agreement were not harsh, unjust, or unreasonable. The Commission determined that the agreement met all statutory requirements for approval and was thus entitled to registration.

The Fair Work Commission approved the Visy Industries Gepps Cross/Berri Enterprise Agreement 2014, declaring it to be a registered agreement under the Fair Work Act. The decision confirmed the validity of the agreement, which would now govern the terms and conditions of employment for the relevant employees. This ruling provided certainty for both the employer and the employees regarding the enforceability of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established