DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Packaging Pty Ltd T/A Visy Packaging
(AG2019/2368)

VISY PACKAGING PTY LTD (WODONGA) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 10 SEPTEMBER 2019

Application for approval of the Visy Packaging Pty Ltd (Wodonga) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Visy Packaging Pty Ltd (Wodonga) Enterprise 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 Packaging. 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and 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.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.8 of the Agreement in addition to the undertaking provided, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54, will operate from 17 September 2019. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Visy Packaging Pty Ltd, trading as Visy Packaging, and its employees. The central issue was the application for the approval of the Visy Packaging Pty Ltd (Wodonga) Enterprise Agreement 2018. This enterprise agreement was proposed as a means to regulate various employment terms and conditions for the employees at the Wodonga site. The Commission was tasked with ensuring that the agreement met the statutory requirements under the Fair Work Act 2009, particularly whether it provided for the proper minimum terms as outlined in the relevant modern awards and if it adhered to the good faith bargaining principles.

The legal issues before the Commission included whether the agreement complied with the mandatory provisions of the Fair Work Act, such as ensuring fair remuneration and conditions. Another critical issue was whether the agreement was the product of genuine and good faith bargaining between the parties. The Commission also had to consider if the proposed terms were procedurally fair and met the criteria for being approved as a single-employer agreement. Furthermore, the Commission examined whether the agreement appropriately balanced the interests of both the employer and the employees.

In its reasoning, the Commission assessed the provisions of the enterprise agreement against the benchmarks set by the relevant modern award. It found that the agreement did provide for the minimum terms and conditions required by the Fair Work Act. The Commission was satisfied that the agreement reflected a genuine effort to bargain in good faith, evidenced by the negotiations and discussions that had taken place between Visy Packaging and the employee representatives. The proposed terms were deemed fair and reasonable, accommodating the needs and interests of both parties. Consequently, the Commission approved the Visy Packaging Pty Ltd (Wodonga) Enterprise Agreement 2018, finding that it met all the necessary statutory requirements and was in the best interests of the employees involved.

The final orders of the Commission included the approval of the Visy Packaging Pty Ltd (Wodonga) Enterprise Agreement 2018, effective from the date of the decision. This decision ensures that the employees at the Wodonga site are now governed by the terms of the approved enterprise agreement, which provides clarity and certainty in their employment conditions.

Visy Packaging Pty Ltd T/A Visy Packaging

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established