DECISION

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

Visy Glama Pty Ltd
(AG2020/4119)

GLAMA PAK KILSYTH ENTERPRISE AGREEMENT 2020

Graphic Arts
COMMISSIONER CIRKOVIC	MELBOURNE, 27 JANUARY 2021

Application for approval of the Glama Pak Kilsyth Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Glama Pak Kilsyth Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Visy Glama Pty Ltd. The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, 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, and the Australian Workers’ Union, being bargaining representative for the Agreement, have given notice under s.183 of the Act confirming that each wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 27 January 2021 and, in accordance with s.54, will operate from 3 February 2021. The nominal expiry date of the Agreement is 1 July 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Visy Glama Pty Ltd applied for the approval of the Glama Pak Kilsyth Enterprise Agreement 2020. The applicant, a manufacturer of paper bags and boxes, sought to have the agreement recognised as a certified agreement under the Fair Work Act 2009. The agreement in question had been negotiated with the relevant trade union and covered a number of employees working at the Kilsyth site.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees it covered. The applicant argued that the agreement contained appropriate safeguards for employees, including provisions for the protection of vulnerable employees and for the resolution of disputes. The union contended that the agreement was fair and reasonable and represented the best outcomes for the employees it covered.

After considering the submissions of the parties and the evidence before it, the Commission found that the agreement complied with the requirements of the Fair Work Act and was in the best interests of the employees it covered. The Commission noted that the agreement contained appropriate provisions for the protection of vulnerable employees and provided for the resolution of disputes in a fair and timely manner. The Commission also noted that the agreement had been negotiated in good faith and that the union had provided appropriate representation to the employees. Accordingly, the Commission approved the agreement as a certified agreement under the Fair Work Act.

Visy Glama Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established