DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy PET Pty Ltd T/A Visy Packaging Pty Ltd
(AG2021/4143)

VISY PLASTICS INGLEBURN ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 14 APRIL 2021

Application for approval of the Visy Plastics Ingleburn Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Visy Plastics Ingleburn Enterprise Agreement 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 21 April 2021. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Visy PET Pty Ltd, trading as Visy Packaging Pty Ltd, applied for the approval of the Visy Plastics Ingleburn Enterprise Agreement 2020. The matter was heard in the Fair Work Commission (FWC). The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the applicant sought to ensure that the proposed enterprise agreement was a lawful agreement and that it was made in good faith.

The central legal issue was whether the agreement complied with the requirements for approval under the Fair Work Act. The applicant had to demonstrate that the agreement was made in good faith, did not involve any contraventions of the Act, and that it was a genuine enterprise agreement. Furthermore, the court needed to determine whether the process by which the agreement was made was fair and appropriate. The applicant had to provide evidence that the agreement was properly negotiated and that it reflected the true terms agreed upon by the parties involved.

The FWC carefully examined the evidence presented regarding the negotiation process, the terms of the agreement, and the parties' compliance with the relevant legislation. The court considered the documentation provided, including the negotiation record and the agreement itself. Ultimately, the FWC found that the agreement was made in good faith, adhered to the requirements of the Fair Work Act, and was a genuine enterprise agreement. The court noted that the negotiation process was fair and that the terms of the agreement were reflective of the discussions and agreements between the parties. Consequently, the FWC approved the Visy Plastics Ingleburn Enterprise Agreement 2020.

The FWC ordered that the Visy Plastics Ingleburn Enterprise Agreement 2020 be approved and registered. The agreement was deemed to be a lawful enterprise agreement, effective from the date of approval. The decision confirmed the validity of the agreement and allowed it to take effect as a binding contract between Visy PET Pty Ltd and the relevant employees.

Visy PET Pty Ltd T/A Visy Packaging 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