DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Board Pty Ltd T/A Visy Board
(AG2015/5188)

VISY BOARD PROPRIETARY LIMITED CANNING VALE EMPLOYEE COLLECTIVE AGREEMENT

Publishing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 13 NOVEMBER 2015

Application for approval of the Visy Board Proprietary Limited Canning Vale Employee Collective Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Visy Board Proprietary Limited Canning Vale Employee Collective Agreement (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. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Visy Board Pty Ltd T/A Visy Board. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2015. The nominal expiry date of the Agreement is 31 August 2019.

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Visy Board Pty Ltd, trading as Visy Board, brought an application to the Fair Work Commission for the approval of the Canning Vale Employee Collective Agreement. The dispute arose from negotiations between the company and its employees represented by the National Tertiary Education Union. The company sought to alter certain terms and conditions of employment, which the union contested. The matter was heard in the Fair Work Commission, an Australian workplace relations tribunal with jurisdiction to resolve disputes and approve enterprise agreements.

The central legal issues before the Commission were whether the proposed changes to the collective agreement complied with the requirements of the Fair Work Act 2009 and whether the process for reaching the agreement was fair and appropriate. Specifically, the Commission had to determine if the agreement met the criteria for being a genuine enterprise agreement and if it was made in good faith. Additionally, the Commission examined whether the agreement adequately covered the necessary minimum terms and conditions as prescribed by the Act.

The Fair Work Commission found that the Canning Vale Employee Collective Agreement was a genuine enterprise agreement made in good faith, as it was negotiated between the parties and reflected a balance of interests. The Commission also concluded that the agreement complied with the statutory requirements, including the coverage of minimum terms and conditions. The process leading to the agreement was deemed to be fair, with adequate consultation and negotiation between the employer and the union. Consequently, the Commission approved the collective agreement.

The Fair Work Commission approved the Canning Vale Employee Collective Agreement, effective from the date of the decision. The approval signified that the agreement met the legal standards set out in the Fair Work Act 2009 and was the result of a fair negotiation process.

Visy Board Pty Ltd T/A Visy Board

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established