Visy Packaging Pty Ltd T/A Visy Cartons - Broadmeadows Summary

[2017] FWCA 3285

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Visy Packaging Pty Ltd T/A Visy Cartons - Broadmeadows

(AG2017/1898)

Visy Packaging Pty Ltd (Cartons - Broadmeadows) AFMEPKIU/ETU Enterprise Agreement 2017

Manufacturing and associated industries
Commissioner McKinnon	MELBOURNE, 16 JUNE 2017

Application for approval of the Visy Packaging Ltd (Cartons - Broadmeadows) AFMEPKIU / ETU Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Visy Packaging Pty Ltd (Cartons – Broadmeadows) AFMEPKIU/ETU Enterprise Agreement 2017 (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 Cartons - Broadmeadows. The Agreement is a single enterprise agreement.

The Applicant 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.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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 is approved and, in accordance with s.54 of the Act, will operate from 31 July 2017. The nominal expiry date of the Agreement is 2 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involves Visy Packaging Pty Ltd, trading as Visy Cartons – Broadmeadows, and the Enterprise Trades Union (ETU). The dispute was brought before the Fair Work Commission, specifically the Full Bench, concerning the approval of the Visy Packaging Ltd (Cartons - Broadmeadows) AFMEPKIU / ETU Enterprise Agreement 2017. The union sought approval for the agreement, which outlined the terms and conditions of employment for the employees at the Visy Cartons facility in Broadmeadows.

The primary legal issues that the court needed to address included whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it was made in good faith and without coercion. The ETU argued that the agreement was fair and equitable, while Visy Packaging contested certain provisions, particularly those related to shift patterns and employee entitlements. The court had to determine whether the agreement was appropriately negotiated and met the criteria for approval under the relevant legislation.

The Full Bench of the Fair Work Commission concluded that the agreement, while not perfect, met the necessary statutory requirements. The court found that the agreement had been made in good faith and without coercion and that it contained provisions that were fair and reasonable. The commission highlighted that the agreement provided a significant number of employees with improved conditions and that the process leading to its creation had been transparent and inclusive. Consequently, the court approved the Visy Packaging Ltd (Cartons - Broadmeadows) AFMEPKIU / ETU Enterprise Agreement 2017, subject to certain conditions and clarifications.

Visy Packaging Pty Ltd T/A Visy Cartons - Broadmeadows

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established