Visy Packaging Pty Ltd

[2014] FWCA 9159

[2014] FWCA 9159

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Packaging Pty Ltd
(AG2014/10711)

VISY PACKAGING PTY LTD (WODONGA) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 22 DECEMBER 2014

Application for approval of the Visy Packaging Pty Ltd (Wodonga) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Visy Packaging Pty Ltd (Wodonga) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Visy Packaging Pty Ltd (Visy). The agreement is a single-enterprise agreement.

[2] Visy has advised the Commission that the Agreement as made and filed in this matter contains incorrect rates of pay in clause 8.4 for the classification of Electrician and has applied to have those rates corrected as an administrative error.

[3] In support of this application, Visy has filed in the Commission a letter signed by the two employees who are employed at that classification advising that the rates of pay in the Agreement are incorrect and that the rates in the corrected clause 8.4 are accurate.

[4] In addition Visy has filed a corrected version of clause 8.4, which is appended hereto as Appendix A. Pursuant to s.586 of the Act, I permit this correction to clause 8.4 of the Agreement.

Undertakings

[5] Pursuant to s.186(5)(b) of the Act, the nominal expiry date must not be more than four years after the day on which the Commission approves the Agreement. The expiry date in the Agreement is 31 December 2018 as contained in Clause 4 - Date and Period of Operation. As this date is more than four years from the date the Commission intended to approve this Agreement, an undertaking was sought and provided by Visy which states that the nominal expiry date of the Agreement is a date not more than 4 years after the day on which the Fair Work Commission approves the Agreement. That undertaking is appended hereto at Appendix B.

[6] An undertaking has been provided in relation to clause 5.2.2 of the Agreement and that undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix C.

[7] Subject to those undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[8] 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. As required by s.201(2) I note that the Agreement covers the AMWU.

[9] The Agreement is approved and, in accordance with s.54(1), will operate from 29 December 2014. The nominal expiry date of the Agreement is 21 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code C, AE411829  PR559162>

APPENDIX A

8.4 Classification of Wages Rates and Allowances:

Classification and Wage Rate Table

Position Description	Classification	2015	2016	2017	2018
Co-ordinator	$42.09	$43.14	$44.22	$45.55
Electrician	$42.09	$43.14	$44.22	$45.55
Maintenance Fitter	C-8	$34.36	$35.22	$36.10	$37.18
Line Operator / Maintenance Fitter	C-10	$32.27	$33.08	$33.90	$34.92
Line Operator High Level	C-11	$28.41	$29.12	$29.85	$30.75
Line Operator Mid Level / Forklift Driver	C-11A	$26.56	$27.22	$27.90	$28.74
Line Operator Low Level	C-11 B	$25.86	$26.51	$27.17	$27.99
Process Worker	C-12	$24.70	$25.32	$25.95	$26.73
Process Worker Casual Non skilled	C-13	$23.75	$24.34	$24.96	$25.71

The rates of pay as stated above are inclusive of the wage increases specified in clause 8.1.

APPENDIX B

APPENDIX C