Visy Packaging Pty Ltd

[2023] FWCA 83

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Visy Packaging Pty Ltd

(AG2022/5286)

VISY PACKAGING PTY LTD (FOOD PLASTICS - CLAYTON) ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 10 JANUARY 2023

Application for approval of the Visy Packaging Pty Ltd (Food Plastics - Clayton) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Visy Packaging Pty Ltd (Food Plastics - Clayton) 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.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The United 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 of the Act, will operate from 17 January 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Visy Packaging Pty Ltd applied for the approval of the Visy Packaging Pty Ltd (Food Plastics - Clayton) Enterprise Agreement 2022, with the Fair Work Commission. The application was made under the Fair Work Act 2009, and the dispute centred on whether the agreement met the legal requirements for approval, particularly concerning the process by which it was negotiated and whether it provided for the appropriate terms and conditions for the employees involved.

The legal issues before the Commission were whether the enterprise agreement was made in good faith and whether it complied with the procedural requirements set out in the Fair Work Act. Additionally, the Commission needed to determine whether the agreement provided for terms and conditions that were no less favourable than the applicable award or safety net award. The primary concern was whether the process by which the agreement was negotiated was free from any improper influence or coercion and whether the employees had the opportunity to genuinely participate in the negotiation process.

The Fair Work Commission held that the enterprise agreement was validly made and approved it. The Commission found that the negotiation process was conducted in good faith and that the employees had a genuine opportunity to participate in the process. The agreement met the procedural requirements, including the provision of necessary information and the opportunity for employees to be represented. Furthermore, the Commission determined that the terms and conditions of the agreement were no less favourable than the applicable award, ensuring that the safety net was not undermined. Consequently, the application for approval was successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established