Visy Board Pty Ltd T/A Visy Board Pty Ltd Summary

[2022] FWCA 4154

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Visy Board Pty Ltd T/A Visy Board Pty Ltd

(AG2022/4760)

Visy Board Queensland Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 28 NOVEMBER 2022

Application for approval of the Visy Board Queensland Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Visy Board Queensland Enterprise Agreement 2022 (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 Visy Board Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving 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 AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Visy Board Pty Ltd, sought approval of the Visy Board Queensland Enterprise Agreement 2022. The agreement was submitted to the Fair Work Commission for endorsement, as it was essential for regulating the terms and conditions of employment between the company and its employees. The applicant's primary concern was to ensure the agreement was fair and met all the legislative requirements under the Fair Work Act 2009. The dispute was heard in the Fair Work Commission, which holds jurisdiction over such matters.

The central legal issues before the Commission were whether the agreement was genuinely bargained for between the parties and whether it adhered to the Fair Work Act's requirements. The Commission had to consider if the agreement was free from any improper conduct, coercion, or undue influence, and if it contained all the necessary minimum terms and conditions outlined in the Act. Additionally, the Commission had to assess if the agreement provided for fair and reasonable terms and conditions for the employees.

In delivering its decision, the Commission examined the evidence presented by both parties and evaluated the provisions of the agreement. The Commission found that the agreement was genuinely negotiated and contained all the required minimum terms and conditions. The Commission was satisfied that the agreement was fair and met the legislative requirements under the Fair Work Act. The Commission also found that the agreement did not contain any terms that were contrary to the public interest. Therefore, the Commission approved the Visy Board Queensland Enterprise Agreement 2022.

The Fair Work Commission approved the Visy Board Queensland Enterprise Agreement 2022, finding that it met all the legislative requirements under the Fair Work Act. The agreement was genuinely bargained for and contained all the necessary minimum terms and conditions. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees. The Commission also determined that the agreement did not contain any terms that were contrary to the public interest.

Visy Board Pty Ltd T/A Visy Board Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established