DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Packaging Pty Limited
(AG2016/8037)

VISY PACKAGING PTY LTD (FOOD PLASTICS - CLAYTON) ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 10 MARCH 2017

Application for approval of the Visy Packaging Pty Ltd (Food Plastics - Clayton) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Visy Packaging Pty Ltd (Food Plastics – Clayton) Enterprise Agreement 2016 (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. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 March 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER GREGORY

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Visy Packaging Pty Ltd (Food Plastics - Clayton) Enterprise Agreement 2016. The primary parties to the agreement were Visy Packaging Pty Ltd, as the employer, and the relevant union, which represented the employees. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the union contested the agreement on several grounds, including concerns about the terms and conditions of employment, procedural fairness in the negotiation process, and compliance with minimum workplace standards.

The Fair Work Commission was tasked with determining whether the enterprise agreement was "better off overall" for the employees and whether it was made in good faith. The Commission also had to consider if the agreement complied with all relevant provisions of the Fair Work Act, including those relating to procedural fairness and minimum standards. Furthermore, the Commission examined whether there were any procedural irregularities in the negotiation and approval process of the agreement.

In its decision, the Fair Work Commission found that the Visy Packaging Pty Ltd (Food Plastics - Clayton) Enterprise Agreement 2016 met the criteria for approval. The Commission concluded that the agreement was better off overall for the employees and was made in good faith. It also determined that the agreement complied with all relevant provisions of the Fair Work Act and that there were no procedural irregularities that would invalidate the agreement. Consequently, the application for approval was granted, and the enterprise agreement was registered.

The Commission issued a final order approving the Visy Packaging Pty Ltd (Food Plastics - Clayton) Enterprise Agreement 2016. The agreement was registered, effective from the date of the decision, and the union's objections were dismissed. The employees covered by the agreement were now bound by its terms, and the employer was entitled to implement the provisions as agreed.

Visy Packaging Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established