Visy Packaging Pty Ltd

[2014] FWCA 6344

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Packaging Pty Ltd
(AG2014/7153)

VISY PACKAGING PTY LTD (HEATHWOOD) UNION ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 11 SEPTEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Visy Packaging Pty Ltd (Heathwood) Union Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 18 September 2014. The nominal expiry date of the Agreement is 31 March 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Packaging Pty Ltd sought approval of the Visy Packaging Pty Ltd (Heathwood) Union Enterprise Agreement 2014, a proposed agreement between the company and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement was to cover employees who were members of the union and would govern their terms and conditions of employment. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. This included assessing if the agreement had been made in good faith, if it was free from any improper influences, and whether it complied with the provisions of the Act, particularly those related to the "better off overall test" (BOOT). The Commission also needed to consider if the agreement provided adequate protections for employees and if it was fair and reasonable.

The Fair Work Commission found that the proposed agreement was made in good faith and was free from any improper influences. It was determined that the agreement complied with the BOOT, providing that employees would be no worse off and at least some would be better off overall. The Commission was satisfied that the agreement provided appropriate protections for employees and that it was fair and reasonable. Consequently, the Commission approved the Visy Packaging Pty Ltd (Heathwood) Union Enterprise Agreement 2014.

The Fair Work Commission approved the proposed agreement, effective from 1 July 2014. This decision provided certainty for both the employer and the employees regarding their employment terms and conditions, ensuring compliance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established