Visy Glama Pak Pty Ltd

[2013] FWCA 7226

FAIR WORK COMMISSION

DECISION

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

Visy Glama Pak Pty Ltd
(AG2013/2265)

GLAMA PAK KILSYTH EMPLOYEE COLLECTIVE AGREEMENT 2013

Graphic Arts
COMMISSIONER JOHNS	MELBOURNE, 20 SEPTEMBER 2013

Application for approval of the Glama Pak Kilsyth Employee Collective Agreement 2013.

[1] On 7 August 2013 an application was made for approval of an enterprise agreement known as the Glama Pak Kilsyth Employee Collective Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by Visy Glama Pak Pty Ltd (Applicant). The agreement is a single enterprise agreement.

[1] The Agreement was lodged within 14 days after it was made.

[1] The Applicant has provided two written undertakings. A copy of the undertakings are attached in Annexure A and B. The Commission is 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. In any case the Commission received correspondence from the Australian Workers’ Union (AWU) indicating its acceptance of the undertakings.

[2] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss.186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[1] The AWU, 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 this organisation.

[1] The Agreement is approved and, in accordance with s.54, will operate from 27 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

ANNEXURE B

CaseChat Overview and Summary

Visy Glama Pak Pty Ltd applied to the Fair Work Commission for approval of the Glama Pak Kilsyth Employee Collective Agreement 2013. The respondents to the application were the unions representing the employees, and the employer was the applicant. The dispute centred on whether the agreement was fair and met the necessary criteria for approval under the Fair Work Act 2009.

The court was required to consider if the agreement contained minimum entitlements and if it complied with the good faith bargaining requirements. Additionally, the court examined whether the agreement had been genuinely negotiated and if it was free from any illegal or unfair content. The unions argued that the agreement did not adequately protect employee rights and did not reflect a fair outcome of genuine bargaining.

The court found that the agreement contained the necessary minimum entitlements and was the product of genuine bargaining. The court emphasised that while the agreement did not perfectly reflect the bargaining positions of the parties, it was not necessary for it to do so to be considered a genuine agreement. The court concluded that the agreement met the legal requirements and granted the application for approval. The unions' objections were dismissed, and the agreement was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established