DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Industries Pty Ltd T/A Corrugated Carton Products (CCP)
(AG2019/1551)

CORRUGATED CARTON PRODUCTS NEWCASTLE ENTERPRISE AGREEMENT 2019-2022

Graphic Arts
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JUNE 2019

Application for approval of the Corrugated Carton Products Newcastle Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Corrugated Carton Products Newcastle Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Visy Industries Pty Ltd T/A Corrugated Carton Products (CCP). 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] 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.

[4] 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.

[5] I note that Clauses 13 and 14.5 are inconsistent with the National Employment Standards as the clauses contain content that is not prescribed for by the NES. Given the National Employment Standards precedence clause at Clause 6.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2019. The nominal expiry date of the Agreement is 6 June 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case before the court involved Visy Industries Pty Ltd, trading as Corrugated Carton Products (CCP), which sought approval of the Corrugated Carton Products Newcastle Enterprise Agreement 2019 - 2022. The application was brought under the Fair Work Act 2009. The Fair Work Commission heard the matter and was tasked with determining whether the agreement met the requirements for registration.

The central legal issues before the Commission were whether the agreement contained all necessary provisions, complied with the Fair Work Act's requirements, and if it was made in good faith. The Commission also considered whether the agreement provided for the proper classification of employees, adequate wage provisions, and whether the agreement was made without coercion, undue influence, or repudiation of the enterprise’s obligations under the Fair Work Act. Additionally, the Commission examined if the agreement met the 'better off overall test' as mandated by the Act.

The Fair Work Commission found that the agreement was made in good faith, included all necessary provisions, and complied with the requirements of the Fair Work Act. The Commission determined that the agreement was appropriately classified, provided adequate wage provisions, and met the 'better off overall test'. It concluded that the agreement was made without coercion, undue influence, or repudiation of the enterprise's obligations under the Act. Based on these findings, the Commission approved the application for the registration of the agreement.

Accordingly, the Fair Work Commission approved the Corrugated Carton Products Newcastle Enterprise Agreement 2019 - 2022, marking it as a registered agreement under the Fair Work Act. The Commission's decision provided clarity and certainty for the parties involved, ensuring that the terms of the agreement would govern the employment conditions for the specified period.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established