Visy Board Pty Ltd

[2023] FWCA 676

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Visy Board Pty Ltd

(AG2023/187)

Visy (Smithfield, Warwick Farm, Dandenong, O’Connor) Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 1 MARCH 2023

Application for approval of the Visy (Smithfield, Warwick Farm, Dandenong, O’Connor) Enterprise Agreement 2022.

Visy Board Pty Ltd (the Employer) has made an application for the approval of the Visy (Smithfield, Warwick Farm, Dandenong, O'Connor) Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

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 and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the AMWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 March 2023. The nominal expiry date of the Agreement is 30 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Visy Board Pty Ltd applied to the Fair Work Commission for approval of the Visy (Smithfield, Warwick Farm, Dandenong, O’Connor) Enterprise Agreement 2022. The application was opposed by a group of employees represented by the Australian Manufacturing Workers’ Union. The dispute concerned the terms and conditions of employment under the proposed enterprise agreement, including issues such as wages, hours of work, and employee entitlements.

The primary legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, and whether it met the 'better off overall test'. The Commission considered whether the proposed terms and conditions provided employees with a fair and reasonable outcome, balancing the interests of both employers and employees. Additionally, the Commission had to determine if the agreement adequately provided for the protection of employees' rights and interests.

The Commission found that the proposed agreement met the statutory requirements under the Fair Work Act, and satisfied the better off overall test. It determined that the agreement provided for fair and reasonable terms and conditions of employment, and that employees would be better off overall with the new agreement. The Commission took into account the benefits provided to employees, such as improved wages and conditions, and weighed these against any potential disadvantages. Ultimately, the Commission was satisfied that the agreement achieved a fair balance between the interests of the employer and employees.

The Fair Work Commission approved the Visy (Smithfield, Warwick Farm, Dandenong, O’Connor) Enterprise Agreement 2022. The approved agreement was registered, and will be in effect for the specified period. The employees and the employer are now bound by the terms and conditions set out in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established