DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Packaging Pty Limited T/A Visy Beverage Cans Yatala
(AG2017/644)

VISY PACKAGING PTY LIMITED YATALA CANS ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 19 APRIL 2017

Application for approval of the Visy Packaging Pty Limited Yatala Cans Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Visy Packaging Pty Limited Yatala Cans Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Visy Packaging Pty Limited T/A Visy Beverage Cans Yatala. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

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

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union (AMWU) and The Australian Workers’ Union, being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2017. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Visy Packaging Pty Limited, trading as Visy Beverage Cans Yatala, and the Australian Manufacturing Workers' Union. The dispute was regarding the approval of the Visy Packaging Pty Limited Yatala Cans Enterprise Agreement 2017. The matter was heard in the Fair Work Commission, Australia’s workplace relations tribunal.

The primary legal issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement was genuinely negotiated, whether it covered all necessary matters, and if it adhered to the provisions concerning the avoidance of industrial action. The court also had to determine if the agreement was in the best interest of the employees involved.

The Fair Work Commission found that the agreement was genuinely negotiated, as the parties had engaged in meaningful discussions and compromises. The court held that the agreement covered all necessary matters and adhered to the provisions concerning the avoidance of industrial action. Furthermore, the agreement was considered to be in the best interest of the employees, as it provided for fair and reasonable terms of employment. As a result, the application for approval of the enterprise agreement was granted.

The final orders included the approval of the Visy Packaging Pty Limited Yatala Cans Enterprise Agreement 2017, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to take all necessary steps to give effect to the approved agreement.

Visy Packaging Pty Limited T/A Visy Beverage Cans Yatala

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established