Visy Packaging Pty. Ltd.

[2019] FWCA 6707

[2019] FWCA 6707

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Packaging Pty. Ltd.
(AG2019/3407)

VISY PACKAGING PTY. LTD. BEVERAGE CAN PLANT (CLAYTON) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 26 SEPTEMBER 2019

Application for approval of the Visy Packaging Pty. Ltd. Beverage Can Plant (Clayton) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Visy Packaging Pty. Ltd. Beverage Can Plant (Clayton) Enterprise Agreement 2019 (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. Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

[5] The Agreement was approved on 26 September 2019 and, in accordance with s.54, will operate from 3 October 2019. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

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<AE505480  PR712829>

Annexure A