Visy Packaging Pty Limited T/A Visy Cartons - Broadmeadows - [2017] FWCA 6313

[2017] FWCA 6313

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Visy Packaging Pty Limited T/A Visy Cartons - Broadmeadows

(AG2017/3501)

Visy Packaging Pty Ltd (Broadmeadows) NUW Enterprise Agreement 2017

Manufacturing and associated industries
Commissioner Lee	MELBOURNE, 29 NOVEMBER 2017

Application for approval of the Visy Packaging Pty Ltd (Broadmeadows) NUW Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Visy Packaging Pty Ltd (Broadmeadows) NUW 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 Cartons - Broadmeadows. The Agreement is a single enterprise agreement.

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.

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.

National Union of Workers 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 the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2017. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Visy Packaging Pty Limited, trading as Visy Cartons – Broadmeadows, sought approval for the Visy Packaging Pty Ltd (Broadmeadows) NUW Enterprise Agreement 2017. The matter was heard in the Fair Work Commission. The primary issue before the Commission was whether the agreement met the criteria for approval as outlined in the Fair Work Act 2009. This involved assessing whether the agreement provided for the terms and conditions of employment, including pay and benefits, in a manner that complied with the Act and promoted harmonious, productive, and cooperative workplace relationships.

The Commission examined the provisions of the agreement, particularly those related to wages, working hours, and other employment conditions. It was crucial to determine whether the agreement provided for a fair and reasonable set of terms and conditions for the employees. The Commission also considered the process by which the agreement was negotiated and the level of employee and employer consultation. Furthermore, the Commission evaluated whether the agreement would facilitate productive workplace relationships and whether it adequately addressed the needs and interests of both parties.

In its decision, the Commission concluded that the Visy Packaging Pty Ltd (Broadmeadows) NUW Enterprise Agreement 2017 was fair and reasonable. The agreement provided for a comprehensive set of terms and conditions that met the requirements of the Fair Work Act. The Commission found that the negotiation process was transparent and that there was sufficient consultation with both employees and employers. The agreement was deemed to promote harmonious, productive, and cooperative workplace relationships, thereby warranting approval. The Commission approved the enterprise agreement, confirming its validity and enforceability.

Visy Packaging Pty Limited T/A Visy Cartons - Broadmeadows

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established