[2016] FWCA 927

The attached document replaces the document previously issued with the above code on 17 February 2016.

The Agreement title has been inserted below the matter number.

Associate to Vice President Watson

Dated 18 February 2016

[2016] FWCA 927

FAIR WORK COMMISSION

DECISION

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

Visy Board Pty Ltd T/A Visy Board and Visy Glama
(AG2015/7165)

VISY BOARD AND VISY GLAMA (WODONGA) ENTERPRISE AGREEMENT 2015

Graphic Arts
VICE PRESIDENT WATSON	PERTH, 17 FEBRUARY 2016

Application for approval of the Visy Board and Visy Glama (Wodonga) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Visy Board and Visy Glama (Wodonga) Enterprise Agreement 2015. 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 Visy Board and Visy Glama. The agreement is a single enterprise agreement.

[2] A written undertaking dated 3 February 2016 has been received from the employer concerning individual flexibility arrangements. Pursuant to s.191 of the Act, the undertaking is taken to be a term of the Agreement. A copy of the undertaking is annexed to this decision and to the Agreement.

[3] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 24 February 2016. The nominal expiry date of the Agreement is 30 June 2018.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved an application for the approval of the Visy Board and Visy Glama (Wodonga) Enterprise Agreement 2015 by the Fair Work Commission. The applicants, Visy Board Pty Ltd trading as Visy Board, and Visy Glama Pty Ltd, sought approval of the agreement from the Commission, which would then become a registered agreement under the Fair Work Act 2009. The dispute arose as the employees of Visy Board and Visy Glama, represented by the Australian Manufacturing Workers Union, contested the fairness and compliance of the proposed agreement.

The primary legal issues before the Commission were whether the agreement met the "better off overall test" and the "no disadvantage test" as required by sections 232 and 233 of the Fair Work Act. These tests ensure that employees are not worse off financially and that no employee is disadvantaged compared to others under the proposed agreement. Additionally, the Commission had to verify if the agreement contained the minimum terms and conditions prescribed by the Fair Work Act and whether the agreement was made in good faith and without coercion.

The Fair Work Commission found that the agreement satisfied the "better off overall test" and the "no disadvantage test". The Commission noted that the proposed agreement included all minimum terms and conditions and was made in good faith without any evidence of coercion. The Commission also observed that the agreement addressed the specific needs of the employees and provided for a fair and reasonable outcome. Consequently, the Commission approved the Visy Board and Visy Glama (Wodonga) Enterprise Agreement 2015.

As a result of the approval, the agreement became a registered agreement under the Fair Work Act, effective from the date of the Commission's decision. This registration ensures that the terms and conditions outlined in the agreement are legally enforceable and binding on the parties involved.

Visy Board Pty Ltd T/A Visy Board and Visy Glama

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established