DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy PET Pty Ltd T/A Visy Plastics
(AG2016/6945)

VISY PLASTICS DANDENONG & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 21 NOVEMBER 2016

Application for approval of the Visy Plastics Dandenong & National Union of Workers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Visy Plastics Dandenong & National Union of Workers 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 21 November 2016 and, in accordance with s.54, will operate from 28 November 2016. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Visy PET Pty Ltd, trading as Visy Plastics, applied for the approval of the Visy Plastics Dandenong & National Union of Workers Enterprise Agreement 2016, which was made under section 233 of the Fair Work Act 2009. The application was heard in the Fair Work Commission, with Deputy President M R L Spong presiding. The dispute involved the conditions of employment for employees at Visy Plastics' Dandenong site and the union's right to represent those employees. The application was contested by the National Union of Workers, which argued that certain provisions in the agreement did not meet the requirements for an enterprise agreement under the Act.

The court had to determine whether the provisions in the enterprise agreement were consistent with the statutory framework and the Fair Work Act. This included assessing the scope of the agreement, the bargaining process, and the specific terms and conditions outlined in the document. The central issue was whether the agreement provided adequate protections for employees and whether the union had genuinely represented the employees in the bargaining process. The court also needed to consider whether the agreement complied with the statutory minimum standards set out in the Fair Work Act.

In delivering the decision, the court examined the evidence presented by both parties and the specific provisions of the agreement. The court found that the agreement had been made in good faith and that the union had genuinely represented the employees. The court also concluded that the agreement provided appropriate protections for employees and that the terms and conditions were consistent with the statutory framework. The court approved the Visy Plastics Dandenong & National Union of Workers Enterprise Agreement 2016, subject to certain modifications to ensure compliance with the Fair Work Act. These modifications included clarifying the scope of the agreement and ensuring that it met the statutory minimum standards.

The final orders of the court approved the Visy Plastics Dandenong & National Union of Workers Enterprise Agreement 2016, with the aforementioned modifications. The court determined that the agreement was fair and reasonable, and that it provided adequate protections for employees. The decision underscored the importance of genuine representation and compliance with the statutory framework in the formation of enterprise agreements. The modifications ensured that the agreement met all legal requirements and provided a fair and balanced outcome for both parties.

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