DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Packaging Pty Ltd T/A Visy Beverage Can
(AG2015/4907)

VISY BEVERAGE CAN (SMITHFIELD) COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 14 SEPTEMBER 2015

Application for approval of the Visy Beverage Can (Smithfield) Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Visy Beverage Can (Smithfield) Collective Agreement 2015 (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.

[2] 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.

[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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 14 September 2015 and, in accordance with s.54, will operate from 21 September 2015. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Packaging Pty Ltd, trading as Visy Beverage Can, applied to the Fair Work Commission for approval of the Visy Beverage Can (Smithfield) Collective Agreement 2015. The dispute arose from the negotiations between Visy and the Australian Manufacturing Workers' Union concerning the terms and conditions of employment for workers at Visy's Smithfield plant. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement provided for a fair and efficient workplace, whether it contained appropriate minimum terms and conditions, and whether it complied with the provisions of the Fair Work Act. The Commission had to consider whether the agreement was made in good faith and whether it contained the necessary procedural fairness and minimum terms as required by the legislation.

In delivering its decision, the Commission examined the content of the agreement, the negotiation process, and the fairness of the terms. The Commission found that the agreement had been made in good faith and that it provided for a fair and efficient workplace. The Commission was satisfied that the agreement contained the appropriate minimum terms and conditions and was compliant with the statutory requirements of the Fair Work Act. Consequently, the Commission approved the Visy Beverage Can (Smithfield) Collective Agreement 2015.

The Fair Work Commission approved the Visy Beverage Can (Smithfield) Collective Agreement 2015, finding it met all statutory requirements for approval under the Fair Work Act 2009.

Visy Packaging Pty Ltd T/A Visy Beverage Can

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established