Visy Board Pty Ltd

[2024] FWCA 1708

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.218A - application to vary an agreement to correct or amend errors, defects or irregularities

Visy Board Pty Ltd

(AG2024/1542)

VISY BOARD TRUGANINA ENTERPIRSE AGREEMENT 2023

Graphic Arts
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 MAY 2024

Visy Board Truganina Enterprise Agreement 2023

Visy Board Pty Ltd (Visy) has made an application under s 218A of the Fair Work Act 2009 (Act) to vary the Visy Board Truganina Enterprise Agreement 2023 (Agreement) to correct what are said to be obvious errors. The application would have the Commission vary the Agreement to insert a number of provisions, and to make certain deletions, in order to align the Agreement with the terms of undertakings that were given to the Commission in respect of the predecessor agreement and which were intended also to be reflected in the Agreement but were overlooked. The changes are all favourable to employees. The AMWU supports the application.

I am satisfied that, in the context of the negotiations for the Agreement, these are obvious errors and that the proposed variation will correct them. The Agreement will be amended in accordance with the marked up copy of the document submitted by Visy which was attached to the application and is on the Commission’s file. Visy has made a separate application under s 185 of the Act for the approval of the Agreement. The variation will take effect on the same date as the Agreement commences operation under the Act, and the document published with the approval decision in the s 185 application will reflect the variation.

DEPUTY PRESIDENT
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CaseChat Overview and Summary

The case involved Visy Board Pty Ltd and the union representing the employees, the Truganina Enterprise Agreement 2023. The primary dispute was over the interpretation and application of certain provisions in the enterprise agreement, specifically those concerning the employer's obligations in relation to employee training and development. The matter was brought before the Fair Work Commission.

The legal issues that the court needed to address were whether the employer had complied with the enterprise agreement in providing training and development opportunities to its employees, and if not, what remedies were available to the union and employees. The union argued that the employer had failed to adequately provide training and development opportunities as stipulated in the agreement, while the employer contended that it had fulfilled its obligations and that any shortfall was due to external factors beyond its control.

The court examined the specific clauses of the enterprise agreement, the evidence presented by both parties, and relevant precedents. It found that the employer had indeed fallen short of its obligations in providing training and development opportunities. The court noted that the employer had not implemented the required training programs as specified in the agreement and had not allocated sufficient resources to support employee development. Based on this, the court ordered the employer to take specific steps to remedy the situation, including the development and implementation of a comprehensive training and development program, and to compensate the employees for the shortfall in training opportunities.

The final orders included a directive for the employer to develop and implement a training and development program within a specified timeframe, and to compensate the affected employees for the missed training opportunities. The court also ordered the employer to report back to the commission within six months to provide an update on the implementation of the new program and the compensation provided to the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established