DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Packaging Pty Ltd
(AG2015/4923)

VISY PACKAGING PTY LTD, BEVERAGE CAN PLANT, (CLAYTON) ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 SEPTEMBER 2015

Application for approval of the Visy Packaging Pty Ltd, Beverage Can Plant, (Clayton) Enterprise Agreement 2015.

[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 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] 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 28 September 2015 and, in accordance with s.54, will operate from 5 October 2015. The nominal expiry date of the Agreement is 31 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Visy Packaging Pty Ltd sought approval of their Enterprise Agreement 2015 from the Fair Work Commission. The dispute involved the terms and conditions of employment for workers at the Clayton Beverage Can Plant, particularly in relation to rosters and overtime. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement provided for fair and reasonable terms and conditions of employment, and whether it met the "better off overall test". This required assessing if the proposed terms were no less favourable than the applicable awards or previous agreements, and whether they provided a genuine benefit to the employees.

The Commission examined the provisions of the agreement, focusing on rostering and overtime arrangements. It considered the evidence from both the employer and the employees' representatives, as well as the impact on workplace flexibility and fairness. The Commission concluded that the agreement provided for fair and reasonable terms and conditions and met the "better off overall test". It found that the proposed agreement offered genuine benefits to the employees in terms of roster predictability and overtime management.

As a result, the Commission approved the Visy Packaging Pty Ltd, Beverage Can Plant, (Clayton) Enterprise Agreement 2015. The agreement was registered, and its terms became binding on the parties. This decision provided certainty for the employees and the employer regarding the terms and conditions of employment at the Clayton plant.

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