Visy Paper Pty Ltd and Visy Board Pty Ltd

[2013] FWCA 4622

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Paper Pty Ltd and Visy Board Pty Ltd
(AG2013/1669)

THE VISY (COOLAROO & RESERVOIR) ENTERPRISE AGREEMENT, 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 11 JULY 2013

Application for approval of The Visy (Coolaroo & Reservoir) Enterprise Agreement, 2013.

[1] An application has been made for approval of an enterprise agreement known as the The Visy (Coolaroo & Reservoir Enterprise Agreement, 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Visy Paper Pty Ltd and Visy Board Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to clauses 7.2, 34 and clause 9 of Appendix 8 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union (AWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the AMWU and AWU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 18 July 2013. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE402338 PR538843>
APPENDIX A

CaseChat Overview and Summary

Visy Paper Pty Ltd and Visy Board Pty Ltd have applied for the approval of The Visy (Coolaroo & Reservoir) Enterprise Agreement, 2013. The dispute revolves around the terms of the proposed agreement which affects employees working in the paper and board manufacturing sectors. The matter was heard in the Fair Work Commission, a specialist tribunal in Australia that deals with workplace relations matters. The primary legal issue the Commission had to address was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for "genuine agreement" and if it provided for the "best interests" of the employees.

In examining the agreement, the Commission considered the process through which it was negotiated and whether it involved genuine bargaining. It also scrutinised the provisions of the agreement to ensure they were not detrimental to the employees. The Commission found that the agreement was genuinely negotiated and that it provided for the best interests of the employees, taking into account the commercial realities faced by the company. The proposed agreement included provisions for fair wages, conditions, and dispute resolution mechanisms that were deemed to be reasonable and in line with statutory requirements.

The Fair Work Commission approved the Visy (Coolaroo & Reservoir) Enterprise Agreement, 2013. The decision confirmed that the agreement met all the necessary legal standards and was in the best interest of the employees. The approval was based on the thorough review of the negotiation process and the content of the agreement, which demonstrated compliance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established