Visy Board Pty Ltd

[2024] FWCA 1707

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Visy Board Pty Ltd

(AG2024/1395)

VISY BOARD TRUGANINA ENTERPRISE AGREEMENT 2023

Graphic Arts
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 MAY 2024

Application for approval of the Visy Board Truganina Enterprise Agreement 2023

Visy Board Pty Ltd has made an application for approval of an enterprise agreement known as the Visy Board Truganina Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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. As required by s 201(2), I note that the Agreement covers the AMWU.

The Agreement was approved on 9 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Visy Board Pty Ltd applied for the approval of the Visy Board Truganina Enterprise Agreement 2023. The application was made under section 234 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for employees working at the Truganina facility, including matters such as wages, hours of work, leave provisions, and dispute resolution mechanisms.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act, including whether it met the "better off overall test" and was made in good faith. The Commission also needed to consider whether the agreement provided for appropriate mechanisms for the resolution of disputes and whether it included appropriate provisions for employee protection and workplace health and safety.

The Commission found that the proposed enterprise agreement did meet the better off overall test, as it provided for a number of improvements in terms and conditions for the employees. The Commission also found that the agreement was made in good faith and included appropriate dispute resolution mechanisms and provisions for employee protection and workplace health and safety. Accordingly, the Commission approved the Visy Board Truganina Enterprise Agreement 2023. The decision was made on the basis that the agreement provided for a fair and reasonable outcome for the employees, and that it was in compliance with the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established