DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy PET Pty Limited T/A Visy Plastics
(AG2017/2114)

VISY PLASTICS SPRINGVALE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 18 JULY 2017

Application for approval of the Visy Plastics Springvale Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Visy Plastics Springvale 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 PET Pty Limited T/A Visy Plastics. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2017. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of Visy PET Pty Limited T/A Visy Plastics, the applicant sought approval of the Visy Plastics Springvale Enterprise Agreement 2017. The dispute arose as part of the process to resolve industrial relations matters in the Australian manufacturing industry. The Fair Work Commission was the tribunal responsible for reviewing and approving the enterprise agreement, ensuring it met the necessary standards under the Fair Work Act 2009.

The primary legal issue the Commission needed to address was whether the enterprise agreement complied with the provisions of the Fair Work Act, specifically concerning its procedural fairness and substantive fairness. The Commission examined whether the agreement was made in good faith and whether it provided for the terms and conditions of employment fairly. The fairness of the agreement's terms and conditions also needed to be assessed, ensuring they were not detrimental to the employees' welfare.

The Commission determined that the enterprise agreement was made in good faith and was procedurally fair. It found that the bargaining process was conducted appropriately, with adequate opportunities for consultation and negotiation. The substantive terms of the agreement were also deemed fair, as they provided for reasonable working conditions, pay, and other employment terms without causing undue detriment to the employees. Consequently, the Commission approved the Visy Plastics Springvale Enterprise Agreement 2017, finding it to be compliant with the statutory requirements.

The final orders of the Commission included the approval of the enterprise agreement, which would now bind the parties involved and govern their industrial relations moving forward. This decision underscored the importance of ensuring that enterprise agreements meet the legal standards set out in the Fair Work Act, while also recognising the need for fair and reasonable terms that protect the interests of both employers and employees.

Visy PET Pty Limited T/A Visy Plastics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established