Visy Packaging Pty Ltd Summary

[2013] FWCA 8344

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Packaging Pty Ltd
(AG2013/9852)

VISY PACKAGING PTY LTD (BROADMEADOWS) NUW ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 24 OCTOBER 2013

Application for approval of the Visy Packaging Pty Ltd (Broadmeadows) NUW Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Visy Packaging Pty Ltd (Broadmeadows) NUW Enterprise Agreement 2013 (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. The agreement is a single-enterprise agreement.

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

[3] The National Union of Workers, 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 organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 31 October 2013. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Visy Packaging Pty Ltd and its employees, specifically those at the Broadmeadows site, concerning the approval of the Visy Packaging Pty Ltd (Broadmeadows) NUW Enterprise Agreement 2013. The dispute centred around whether the agreement met the criteria for approval under the Fair Work Act 2009. The Fair Work Commission was the tribunal that heard the case.

The primary legal issue was whether the enterprise agreement was genuinely bargained for and whether it complied with the requirements of the Fair Work Act. The argument hinged on whether the agreement was the product of genuine bargaining between the employer and the employees' representatives, and whether it contained provisions that were contrary to the public interest or that did not meet the statutory requirements for minimum terms and conditions of employment.

The Fair Work Commission determined that the agreement had been genuinely negotiated and contained all necessary provisions. It found that the agreement was not only the result of genuine bargaining but also complied with the statutory minimum terms and conditions set out in the Fair Work Act. The Commission rejected arguments that the agreement was coercive or that it failed to provide adequate protections for employees.

As a result, the Fair Work Commission approved the Visy Packaging Pty Ltd (Broadmeadows) NUW Enterprise Agreement 2013. The court's decision provided clarity on the requirements for genuine bargaining and the criteria for approving enterprise agreements, reinforcing the importance of adhering to the legislative framework when negotiating such agreements.

Visy Packaging Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established