Visy Packaging Pty Ltd Summary

[2023] FWCA 1240

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Visy Packaging Pty Ltd

(AG2023/1051)

VISY PACKAGING PTY LTD (WODONGA) ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 1 MAY 2023

Application for approval of the Visy Packaging Pty Ltd (Wodonga) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Visy Packaging Pty Ltd (Wodonga) Enterprise Agreement 2022 (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.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that clause 35.2 of the Agreement, concerning Compassionate leave, is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Manufacturing Workers' Union 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) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 8 May 2023. The nominal expiry date of the Agreement is 31 March 2026.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Packaging Pty Ltd, an entity involved in the packaging industry, applied to the Fair Work Commission for the approval of an Enterprise Agreement. The agreement was proposed between the company and its employees at the Wodonga site for the year 2022. The application was made under the Fair Work Act 2009, seeking the Commission's endorsement of the agreement's provisions, which included terms related to wages, working conditions, and employee benefits. The dispute arose as the employees' union and the company had differing views on some aspects of the proposed agreement.

The legal issues before the Commission centred on whether the proposed Enterprise Agreement complied with the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement met the criteria for being "freely negotiated" and "not prejudicial to the promotion of industrial peace and conciliation and arbitration". The Commission also needed to assess if the agreement provided for fair and reasonable terms and conditions, including provisions related to minimum rates of pay, allowances, and other entitlements. Additionally, the Commission had to consider whether the agreement adequately addressed employee protections and compliance with other relevant legislation.

The Fair Work Commission found that the proposed Enterprise Agreement largely met the statutory requirements. The Commission noted that the agreement had been negotiated in good faith and included provisions that were fair and reasonable. The Commission was satisfied that the agreement did not prejudice industrial peace and conciliation and arbitration and was compliant with the Fair Work Act. The Commission also confirmed that the agreement provided adequate protections for employees and complied with other relevant laws. Based on these findings, the Commission approved the Visy Packaging Pty Ltd (Wodonga) Enterprise Agreement 2022.

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