DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Visy Packaging Pty Ltd
(AG2019/4121)

VISY PACKAGING PTY LIMITED (SHEPPARTON) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 20 NOVEMBER 2019

Application for approval of the Visy Packaging Pty Limited (Shepparton) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Visy Packaging Pty Limited (Shepparton) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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), and based on the statutory declarations provided by the AMWU, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Visy Packaging Pty Ltd and its employees, with the dispute centred on the approval of the Visy Packaging Pty Limited (Shepparton) Enterprise Agreement 2018. The Fair Work Commission, Australia's workplace relations tribunal, was the court in this matter. The employees argued that the proposed agreement did not adequately protect their employment conditions and entitlements, while Visy Packaging maintained that the agreement was fair and reasonable, and in line with industry standards.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to minimum entitlements, procedural fairness, and genuine bargaining. The Commission had to consider the principles of procedural fairness, the nature of genuine bargaining, and whether the agreement provided for proper consultation and adequate protections for employees. Another key issue was whether the agreement was in the best interest of the employees, taking into account their overall rights and entitlements.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the proposed enterprise agreement did not meet the necessary standards. The Commission was concerned that the agreement did not adequately protect employees' entitlements and did not reflect genuine bargaining. The Commission concluded that the agreement did not provide fair and reasonable terms and conditions for the employees, and therefore rejected the application for approval. As a result, the Visy Packaging Pty Limited (Shepparton) Enterprise Agreement 2018 was not approved by the Fair Work Commission.

The Fair Work Commission ordered that the application for approval of the Visy Packaging Pty Limited (Shepparton) Enterprise Agreement 2018 be dismissed. The Commission directed the parties to continue negotiating in good faith to reach an agreement that meets the requirements of the Fair Work Act 2009 and adequately protects the rights and entitlements of the employees. This decision highlights the importance of ensuring fair and genuine bargaining in the formation of enterprise agreements and the role of the Fair Work Commission in overseeing and approving such agreements.

Visy Packaging Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established