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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Visy Packaging Pty. Ltd. sought approval of an enterprise agreement for its Beverage Can Plant in Clayton. The application was made under the Fair Work Act 2009. The applicant, Visy Packaging, aimed to have the proposed agreement recognised as a certified agreement. The respondents, including various unions and individual employees, opposed the application, raising concerns about the fairness and compliance of the agreement with the Act.

The central legal issues revolved around whether the proposed agreement met the requirements of the Fair Work Act, particularly concerning procedural fairness, the inclusion of appropriate employee representatives, and the substantive provisions of the agreement itself. The Commission had to determine if the agreement was made in accordance with the relevant sections of the Act and if it complied with the standards set for enterprise agreements.

In its decision, the Fair Work Commission examined the procedural aspects of the agreement's formation, including the process of bargaining and consultation. The Commission also assessed the substantive content of the agreement, ensuring it did not unfairly disadvantage any party. After careful consideration, the Commission found that the agreement was procedurally sound and substantively fair. It approved the Visy Packaging Pty. Ltd. Beverage Can Plant (Clayton) Enterprise Agreement 2019, recognising it as a certified agreement effective from the date of the decision.

No further orders were specified beyond the approval of the enterprise agreement. The Commission's decision underscored the importance of adhering to the statutory requirements and ensuring that all parties had an opportunity to be heard in the agreement's formation process.

Visy Packaging Pty. Ltd.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established