DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Packaging Pty Limited T/A Visy Packaging
(AG2017/5855)

VISY PACKAGING PTY LTD (HEATHWOOD) UNION ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 11 DECEMBER 2017

Application for approval of the Visy Packaging Pty Ltd (Heathwood) Union Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Visy Packaging Pty Ltd (Heathwood) Union 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 Packaging. 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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Packaging Pty Limited T/A Visy Packaging, a corporation, sought approval of the Visy Packaging Pty Ltd (Heathwood) Union Enterprise Agreement 2017. The application was lodged with the Fair Work Commission under section 233 of the Fair Work Act 2009. The Australian Manufacturing Workers' Union was the applicant union and the respondents were the company and another union. The dispute centered around the terms and conditions of employment for employees covered by the proposed agreement, with the primary contention being whether the agreement complied with the requirements of the Fair Work Act.

The court had to determine whether the agreement met the necessary criteria for approval under the Fair Work Act, including whether it was made in good faith and whether it was a genuine enterprise agreement. The court also needed to consider if the agreement contained the required minimum terms and conditions as stipulated by the Act. Additionally, the court examined whether the agreement provided a safety net for employees and if it had been made without the influence of any improper conduct.

The Fair Work Commission found that the agreement was made in good faith and was a genuine enterprise agreement. The commission determined that the agreement met the minimum terms and conditions required by the Fair Work Act and provided a safety net for employees. The commission also concluded that the agreement had been made without any improper influence. Therefore, the application for approval of the Visy Packaging Pty Ltd (Heathwood) Union Enterprise Agreement 2017 was approved.

Visy Packaging Pty Limited T/A Visy Packaging

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established