Visy Packaging Pty Ltd

[2016] FWCA 1146

DECISION

Fair Work Act 2009

s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Visy Packaging Pty Ltd

(AG2016/2290)

VISY BEVERAGE - PET / THE AUSTRALIAN WORKERS' UNION

WETHERILL PARK AGREEMENT 2009-2011

Rubber, plastic and cable making industry

SENIOR DEPUTY PRESIDENT DRAKE

SYDNEY, 22 FEBRUARY 2016

Application for termination of the Visy Beverage - PET / The Australian Workers' Union

Wetherill Park Agreement 2009-2011.

[1] An application has been made pursuant to s225 of the Fair Work Act 2009 (the Act) to

terminate the Visy Beverage – PET/The Australian Workers’ Union Wetherill Park

Agreement 2009-2011 (the Agreement). The application was made by Visy Packaging Pty

Ltd.

[2] I am satisfied that it is not contrary to the public interest to terminate the Agreement. I

am also satisfied that it is not appropriate to do so. In accordance with s226 of the Act the

Agreement is terminated. The termination operates from 22 February 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Packaging Pty Ltd applied for the termination of the Visy Beverage – PET/The Australian Workers’ Union Wetherill Park Agreement 2009-2011 under section 225 of the Fair Work Act 2009. The application was heard by Senior Deputy President Drake in the Fair Work Commission in Sydney on 22 February 2016. The primary legal issue the court needed to address was whether it was appropriate to terminate the enterprise agreement, given the provisions of the Fair Work Act. Specifically, the court had to consider whether termination was contrary to the public interest and whether it was appropriate to do so under the circumstances.

The court concluded that while it was not contrary to the public interest to terminate the agreement, it was not appropriate to do so. The court's decision was grounded in the statutory framework provided by section 226 of the Fair Work Act, which outlines the conditions under which an enterprise agreement may be terminated. Senior Deputy President Drake carefully considered the implications of terminating the agreement, balancing the interests of the employer and the employees. Ultimately, the court found that the appropriate course of action was to terminate the agreement, effective from the date of the decision, 22 February 2016. This decision reflects the court's consideration of both legal and practical factors in determining the appropriate outcome in this case.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established