DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy PET Pty Ltd T/A Visy Plastics
(AG2016/7617)

VISY PLASTICS - SMITHFIELD EMPLOYEES ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 31 JANUARY 2017

Application for approval of the Visy Plastics - Smithfield Employees Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Visy Plastics - Smithfield Employees Enterprise Agreement 2016 (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 Ltd T/A Visy Plastics. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2017. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Visy PET Pty Ltd T/A Visy Plastics applied for approval of the Visy Plastics - Smithfield Employees Enterprise Agreement 2016. The application was opposed by the National Tertiary Education Union, which argued that the enterprise agreement did not meet the requirements for approval under the Fair Work Act 2009. The dispute centred on whether the enterprise agreement provided for the appropriate balance between the interests of the employees and the employer, and whether it complied with the provisions of the Fair Work Act.

The central legal issues the Commission had to decide were whether the enterprise agreement met the criteria for approval as set out in the Fair Work Act, and whether it provided for a fair and reasonable balance of interests between the employer and employees. The Commission needed to examine the provisions of the enterprise agreement, including the terms and conditions of employment, to determine if they were consistent with the Act and if they met the requirements for approval.

The Commission considered the submissions from both parties and examined the enterprise agreement in detail. It found that the agreement provided for a fair and reasonable balance of interests between the employer and employees, and that it complied with the requirements of the Fair Work Act. The Commission noted that the agreement included provisions for fair and reasonable terms and conditions of employment, and that it provided for the appropriate balance between the interests of the employer and employees. The Commission was satisfied that the agreement met the criteria for approval under the Act.

Accordingly, the Fair Work Commission approved the Visy Plastics - Smithfield Employees Enterprise Agreement 2016, finding that it provided for a fair and reasonable balance of interests between the employer and employees, and that it complied with the requirements of the Fair Work Act. The decision was made on the basis of the evidence presented and the arguments made by both parties, and was made in accordance with the provisions of the Act.

Visy PET Pty Ltd 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