DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Packaging Pty Ltd
(AG2015/7031)

VISY PACKAGING PTY LTD (COBURG) COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 14 JANUARY 2016

Application for approval of the Visy Packaging Pty Ltd (Coburg) Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Visy Packaging Pty Ltd (Coburg) Collective Agreement 2015 (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] 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. 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 14 January 2016 and, in accordance with s.54, will operate from 21 January 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Visy Packaging Pty Ltd applied for approval of a collective agreement with its employees. The agreement, referred to as the Visy Packaging Pty Ltd (Coburg) Collective Agreement 2015, was negotiated between the employer and the union representing the employees. The dispute centred on whether the agreement complied with the applicable laws and regulations governing industrial relations and whether it was fair and reasonable for the employees.

The legal issues before the Commission were primarily whether the agreement met the requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement complied with the "better off overall test," ensuring that employees were not worse off financially under the terms of the agreement compared to their previous conditions. Additionally, the Commission examined whether the agreement adhered to the provisions of the Fair Work (Registered Organisations) Act 2009 and whether it was procedurally sound, having been negotiated in good faith.

The Commission considered the submissions from both parties and evaluated the terms of the agreement. It found that the agreement did indeed meet the better off overall test and was negotiated in good faith. The Commission also determined that the agreement complied with all relevant legislative requirements and was fair and reasonable for the employees. Consequently, the application for approval was granted, and the Visy Packaging Pty Ltd (Coburg) Collective Agreement 2015 was approved as a registered agreement.

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