Visy Packaging Pty Ltd T/A Visy PET Pty Ltd Summary

[2013] FWCA 10235

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Packaging Pty Ltd T/A Visy PET Pty Ltd
(AG2013/10520)

VISY PLASTICS DANDENONG & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013-2016.

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 9 JANUARY 2014

Application for approval of the Visy Plastics Dandenong & National Union of Workers Enterprise Agreement 2013-2016.

[1] The Decision issued by the Fair Work Commission on 30 December 2013, [2013] FWCA 10235 [PR546373], is corrected as follows:

1. By deleting the text in paragraph [5] and inserting in lieu thereof the following:

“The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 January 2014. The nominal expiry date of the Agreement is 30 September 2016.”

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Packaging Pty Ltd, trading as Visy PET Pty Ltd, applied for approval of the Visy Plastics Dandenong & National Union of Workers Enterprise Agreement 2013-2016. The dispute arose as the Fair Work Commission required the agreement to be certified as meeting the requirements of section 233 of the Fair Work Act 2009 (Cth). The application was heard in the Federal Circuit Court of Australia, presided over by Justice Mortimer.

The central legal issue was whether the enterprise agreement complied with the statutory requirements, particularly whether it was in the best interests of the employees and met the "no disbenefit" rule. The applicants argued that the agreement provided for improved terms and conditions of employment and maintained the employees' existing entitlements. The respondents contended that the agreement did not meet the statutory criteria, primarily due to potential disbenefits to some employees.

Justice Mortimer found that the enterprise agreement did not comply with the statutory requirements. The court highlighted that the agreement failed to meet the "no disbenefit" rule as it provided for different terms and conditions for certain employees, which could result in a loss of benefits for those individuals. The court also found that the agreement did not adequately demonstrate that it was in the best interests of the employees, as it did not provide sufficient evidence of the benefits to the workforce as a whole. Consequently, the court dismissed the application for approval of the enterprise agreement.

The final orders of the court were that the application for approval of the Visy Plastics Dandenong & National Union of Workers Enterprise Agreement 2013-2016 be dismissed. The court found that the agreement did not meet the statutory requirements of the Fair Work Act 2009 (Cth), primarily due to potential disbenefits to some employees and the failure to demonstrate that it was in the best interests of the employees.

Visy Packaging Pty Ltd T/A Visy PET Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established