Visy Packaging Pty Ltd

[2013] FWCA 7039

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Packaging Pty Ltd
(AG2013/2835)

VISY PACKAGING PTY LTD CARTONS (BROADMEADOWS) AFMEPKIU/ETU COLLECTIVE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 16 SEPTEMBER 2013

Application for approval of the Visy Packaging Pty Ltd Cartons (Broadmeadows) AFMEPKIU/ETU Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Visy Packaging Pty Ltd Cartons (Broadmeadows) AFMEPKIU/ETU Collective 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 23 September 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

Visy Packaging Pty Ltd, a company involved in the packaging and paper manufacturing industry, sought approval of a collective agreement with its employees represented by the Paper and Paperboard Mill Workers Union. The application was made to the Fair Work Commission, which is the primary body responsible for the resolution of workplace disputes in Australia. The dispute centred on the terms and conditions of employment as outlined in the proposed collective agreement.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness, whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the provisions regarding the facilitation of the agreement. The Commission had to consider if the agreement was genuinely negotiated and if it adhered to the principles of good faith bargaining and procedural fairness.

The Commission found that the proposed agreement was the result of genuine negotiations and met the procedural fairness requirements. The agreement was deemed fair and reasonable in its terms and conditions, providing a balanced outcome for both parties. It was noted that the agreement included provisions for wage increases, improved working conditions, and dispute resolution mechanisms. Consequently, the Commission approved the application for the collective agreement, affirming its compliance with the relevant statutory provisions.

The final orders of the Commission were that the Visy Packaging Pty Ltd Cartons (Broadmeadows) AFMEPKIU/ETU Collective Agreement 2013 be approved and registered under the Fair Work Act 2009. This decision effectively formalises the terms and conditions of employment between Visy Packaging Pty Ltd and its employees, providing legal certainty and a framework for industrial relations within the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established