Visy Packaging Pty Ltd

[2019] FWCA 6936

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Visy Packaging Pty Ltd

(AG2019/3460)

Visy Packaging Pty Ltd (Coburg) Collective Agreement 2019

Manufacturing and associated industries
Commissioner Harper-Greenwell	MELBOURNE, 8 OCTOBER 2019

Application for approval of the Visy Packaging Pty Ltd (Coburg) Collective Agreement 2019.

An application has been made for approval of an enterprise agreement known as the Visy Packaging Pty Ltd (Coburg) Collective Agreement 2019 (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 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement was approved on 8 October 2019 and, in accordance with s.54, will operate from 15 October 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Packaging Pty Ltd sought approval of the Visy Packaging Pty Ltd (Coburg) Collective Agreement 2019 from the Fair Work Commission. The dispute centred around the terms and conditions of employment for workers at Visy’s Coburg site, particularly those related to shifts and shift differentials. The applicants were the company, represented by Visy Packaging Pty Ltd, and the respondents were the employees, represented by the Australian Manufacturing Workers’ Union. The crux of the matter was whether the proposed agreement, which aimed to standardise shift patterns and related pay rates, complied with the Fair Work Act 2009.

The primary legal issue the Commission had to address was whether the agreement met the criteria for approval under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and if it adhered to the process outlined in the Act. Additionally, the Commission needed to consider if the agreement appropriately balanced the interests of both the employer and employees, particularly in terms of shift patterns and associated pay. The Commission also had to assess if the agreement complied with the provisions regarding the standard working hours and shift differentials as per the relevant award.

The Fair Work Commission found that the proposed agreement did meet the statutory requirements for approval. It held that the agreement provided for fair and reasonable terms and conditions, adequately balancing the interests of both parties. The Commission noted that the agreement provided clarity and certainty in terms of shift patterns and related pay, which was beneficial for both the employer and employees. It also concluded that the agreement adhered to the relevant award provisions and provided appropriate shift differentials, thus complying with the Fair Work Act. Consequently, the Commission approved the Visy Packaging Pty Ltd (Coburg) Collective Agreement 2019.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established