Visy Cartons Pty Ltd T/A Visy Beverage Carton Systems Summary

[2014] FWCA 7753

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Cartons Pty Ltd T/A Visy Beverage Carton Systems
(AG2014/7313)

VISY BEVERAGE CARTON SYSTEMS IN-PLANT TEAM BENTLEY-WA COLLECTIVE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 30 OCTOBER 2014

Application for approval of the Visy Beverage Carton Systems In-Plant Team Bentley - WA Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Visy Beverage Carton Systems In-Plant Team Bentley - WA Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Visy Cartons Pty Ltd T/A Visy Beverage Carton Systems. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, 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 organisation.

[4] The Agreement was approved on 30 October 2014 and, in accordance with s.54, will operate from 6 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Cartons Pty Ltd, trading as Visy Beverage Carton Systems, applied to the Fair Work Commission for the approval of the Visy Beverage Carton Systems In-Plant Team Bentley - WA Collective Agreement 2014. The application arose from a need to formalise the terms and conditions of employment for workers in the in-plant team at the Bentley, Western Australia site. The Fair Work Commission was tasked with ensuring the agreement met the necessary legal standards under the Fair Work Act 2009.

The primary legal issues the Commission needed to address were whether the agreement contained all the mandated terms, was free from prohibited content, and complied with the good faith bargaining requirements. The Commission considered whether the agreement was made in good faith, whether it included all the necessary terms as per the Fair Work Act, and whether it contained any content that was not permissible under the legislation. The Commission also evaluated if the agreement adhered to the procedural fairness standards and whether it was genuinely negotiated between the parties.

In its decision, the Fair Work Commission determined that the agreement was made in good faith, included all the required terms, and did not contain any prohibited content. The Commission found that the bargaining process met the legal standards and that the agreement was fair and reasonable. The Commission took into account the submissions from both parties, the evidence provided, and the overall context of the bargaining process. Based on these findings, the Commission approved the collective agreement, ensuring it complied with the relevant legislative framework.

The final orders of the Fair Work Commission included the approval of the Visy Beverage Carton Systems In-Plant Team Bentley - WA Collective Agreement 2014, effective from the date of the decision. The Commission also directed that the agreement be registered with the Fair Work Commission and that it be accessible to all relevant parties. This decision ensured that the terms and conditions of employment for the workers in the in-plant team were legally recognised and enforceable.

Visy Cartons Pty Ltd T/A Visy Beverage Carton Systems

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established