Visy Industries Pty Ltd T/A Corrugated Carton Products (CCP)

[2022] FWCA 3545

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Visy Industries Pty Ltd T/A Corrugated Carton Products (CCP)

(AG2022/4036)

Corrugated Carton Products Newcastle Enterprise Agreement 2022

Graphic Arts
DEPUTY PRESIDENT BOYCE	SYDNEY, 12 OCTOBER 2022

Application for approval of the Corrugated Carton Products Newcastle Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Corrugated Carton Products Newcastle Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Visy Industries Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 6 October 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Graphic Arts, Printing and Publishing Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Model flexibility clause

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2022. The nominal expiry date of the Agreement is 30 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Visy Industries Pty Ltd, trading as Corrugated Carton Products (CCP), and the Fair Work Commission (FWC). The primary issue was whether the Corrugated Carton Products Newcastle Enterprise Agreement 2022 should be approved by the FWC. The application for approval was brought before the FWC, which held jurisdiction over enterprise agreements under the Fair Work Act 2009 (Cth). The legal issues that the FWC was required to address included whether the agreement met the criteria for approval under the Fair Work Act, such as if it provided for a fair and efficient workplace, and whether it had been genuinely negotiated. The FWC needed to consider if the agreement was in the best interests of the employees and if it contained terms and conditions that were fair and reasonable.

The FWC considered the evidence and submissions presented by both parties. The FWC determined that the agreement met the criteria for approval. It was found that the agreement provided for fair and efficient workplace terms and conditions and had been genuinely negotiated. The FWC found that the agreement was in the best interests of the employees and contained terms and conditions that were fair and reasonable. The FWC was satisfied that the agreement met all necessary requirements under the Fair Work Act, and therefore, approved the Corrugated Carton Products Newcastle Enterprise Agreement 2022.

The FWC's decision was based on the evidence presented and the provisions of the Fair Work Act. The FWC found that the agreement provided for a fair and efficient workplace and contained terms and conditions that were fair and reasonable. The FWC was satisfied that the agreement had been genuinely negotiated and was in the best interests of the employees. As a result, the FWC approved the Corrugated Carton Products Newcastle Enterprise Agreement 2022. The final orders of the FWC were that the agreement be approved and registered under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established