DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy PET Pty Ltd
(AG2020/1448)

THE VISY PET FORRESTFIELD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 30 JUNE 2020

Application for approval of the Visy PET Forrestfield Enterprise Agreement 2020.

[1] Visy PET Pty Ltd has made an application for the approval of an enterprise agreement known as the Visy PET Forrestfield Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Agreement was approved on 30 June 2020 and, in accordance with s 54, will operate from 7 July 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Visy PET Pty Ltd applied to the Fair Work Commission for approval of the Visy PET Forrestfield Enterprise Agreement 2020. The application was made by Visy PET, the employer, and opposed by the Australian Manufacturing Workers’ Union, representing some of the employees. The dispute concerned the terms and conditions of employment for certain workers at Visy PET’s Forrestfield facility. The Commission was required to determine whether the agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issues revolved around whether the enterprise agreement met the procedural and substantive requirements for approval under the Fair Work Act. Procedurally, the Commission considered whether the agreement was made in good faith and whether appropriate consultation occurred. Substantively, the Commission assessed if the agreement provided for terms and conditions that were fair and reasonable. The opposition raised concerns about the coverage of the agreement, the procedural fairness of its making, and specific terms within the agreement.

The Commission held that the agreement was made in good faith and that the necessary consultation had occurred. It found that the agreement provided for fair and reasonable terms and conditions, taking into account the commercial realities and the specific circumstances of the parties. The Commission rejected the arguments concerning the coverage and specific terms, finding them to be without merit. Consequently, the application was approved, and the Visy PET Forrestfield Enterprise Agreement 2020 was registered.

Visy PET Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established