CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Packaging Pty Ltd
(AG2014/10418)

VISY PACKAGING PTY LTD [SHEPPARTON] ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 5 FEBRUARY 2015

Application for approval of the Visy Packaging Pty Ltd [Shepparton] Enterprise Agreement 2014.

[1] The Decision issued by the Fair Work Commission on 4 February 2015, [2015] FWCA 801 [PR560660], is corrected as follows:

1. By deleting the last sentence of paragraph [6] and inserting in lieu thereof the following:

“The nominal expiry date of the Agreement is 31 October 2018.”

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Packaging Pty Ltd [Shepparton] Enterprise Agreement 2014 was a case involving the Fair Work Commission, where the matter related to the approval of an enterprise agreement. The agreement was between Visy Packaging Pty Ltd and its employees in the Shepparton area, and it was submitted for approval under the Fair Work Act 2009. The Commission was tasked with ensuring that the agreement complied with the relevant legislative provisions and met the necessary standards for approval.

The central legal issue the Fair Work Commission had to resolve was whether the Visy Packaging Pty Ltd [Shepparton] Enterprise Agreement 2014 complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to consider if the agreement contained all the necessary minimum terms and conditions, and if it was made in good faith and without coercion. Additionally, the Commission had to verify that the agreement would not have the effect of undermining the operation of any safety net award or the general safety net provided by the Fair Work Act.

In its reasoning, the Commission noted that while most provisions of the agreement met the required standards, there was an error in the nominal expiry date of the agreement. The original decision had mistakenly stated the expiry date as 31 October 2017, which was corrected to 31 October 2018. After rectifying this error, the Commission concluded that the agreement was compliant with the Fair Work Act 2009 and approved it accordingly. The correction was made to accurately reflect the terms of the agreement as intended by the parties.

Visy Packaging Pty Ltd [Shepparton] Enterprise Agreement 2014

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established