DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Board Pty Ltd T/A Corrugated Carton Products
(AG2018/4952)

CORRUGATED CARTON PRODUCTS (PENRITH) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 FEBRUARY 2019

Application for approval of the Corrugated Carton Products (Penrith) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Corrugated Carton Products (Penrith) Enterprise Agreement 2018 (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 T/A Corrugated Carton Products. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 4 February 2019 and, in accordance with s.54, will operate from 11 February 2019. The nominal expiry date of the Agreement is 31 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Visy Board Pty Ltd, trading as Corrugated Carton Products, applied for the approval of the Corrugated Carton Products (Penrith) Enterprise Agreement 2018. The applicant sought to have the agreement approved under section 232 of the Fair Work Act 2009, as a registered agreement that provides for terms and conditions of employment. The application was brought on the basis that the agreement was appropriately negotiated and contained all the required provisions as stipulated by the Act.

The legal issues before the Commission included whether the agreement was genuinely negotiated and whether it contained all the necessary terms and conditions as required by the Fair Work Act. The Commission needed to assess if the process of negotiation was fair and if the agreement reflected a genuine bargain between the parties. Additionally, the Commission had to determine if the agreement provided adequate protection for employee entitlements and whether it complied with the relevant legislative provisions.

The Commission found that the agreement was genuinely negotiated between the parties and contained all the necessary terms and conditions required by the Fair Work Act. The Commission was satisfied with the evidence presented that demonstrated the negotiation process was fair and that the agreement reflected a genuine bargain. The agreement was deemed to provide adequate protection for employee entitlements and was found to comply with the relevant legislative provisions. Therefore, the Commission approved the Corrugated Carton Products (Penrith) Enterprise Agreement 2018.

Visy Board Pty Ltd T/A Corrugated Carton Products

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established