Visy Packaging Pty Ltd T/A Visy Beverage Can

[2019] FWCA 917

[2019] FWCA 917

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Packaging Pty Ltd T/A Visy Beverage Can
(AG2018/7038)

VISY BEVERAGE CAN (SMITHFIELD) COLLECTIVE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 13 FEBRUARY 2019

Application for approval of the Visy Beverage Can (Smithfield) Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Visy Beverage Can (Smithfield) Collective Agreement 2018 (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 T/A Visy Beverage Can. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] 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) I note that the Agreement covers the organisation.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 10(a) - Hours of work, Clause 23 - Annual leave;

•  Clause 6.1 of the Appendix - Annual leave;

•  Clause 25 - Carers’ leave;

•  Clause 7.4 - Parental leave;

•  Clause 38 – Redundancy; and

•  Clause 3 of the Appendix - Abandonment of employment.

However, noting clause 6 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2019. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A