DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy PET Pty Ltd T/A Visy Plastics Ingleburn
(AG2017/4567)

VISY PLASTICS INGLEBURN ENTERPRISE AGREEMENTS 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 OCTOBER 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Visy Plastics Ingleburn 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 Ltd T/A Visy Plastics Ingleburn. 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. 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement was approved on 25 October 2017 and, in accordance with s.54, will operate from 1 November 2017. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Visy PET Pty Ltd T/A Visy Plastics Ingleburn applied to the Fair Work Commission for approval of the Visy Plastics Ingleburn Enterprise Agreement 2017. The application was made by Visy, the employer, and the Australian Manufacturing Workers’ Union, the union. The dispute concerned the terms of the enterprise agreement and its compliance with relevant legislation. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval, including fairness, relevance, and compliance with the Fair Work Act 2009.

The court had to decide whether the agreement was a "single, integrated and complete agreement" and if it was fair and relevant. This involved examining the negotiation process, the terms of the agreement, and ensuring that it adhered to the provisions of the Fair Work Act. The court also considered whether the agreement contained appropriate dispute resolution mechanisms and whether it was consistent with the principles of industrial conciliation and arbitration. The key issue was whether the agreement provided a fair and balanced outcome for both parties and whether it was consistent with the broader objectives of the Fair Work Act.

The Fair Work Commission found that the Visy Plastics Ingleburn Enterprise Agreement 2017 was fair and relevant. The court noted that the agreement was negotiated in good faith and contained provisions that were consistent with the principles of the Fair Work Act. The terms of the agreement were considered to be reasonable and balanced, taking into account the economic and operational circumstances of the parties. The court also found that the dispute resolution mechanisms provided for in the agreement were adequate and that the agreement did not contain any provisions that were contrary to public policy. Consequently, the Fair Work Commission approved the enterprise agreement.

The Fair Work Commission granted the application for approval of the Visy Plastics Ingleburn Enterprise Agreement 2017, recognising it as a fair and relevant agreement. This decision affirmed the agreement's compliance with the Fair Work Act and validated the terms negotiated between Visy and the union. The approval of the enterprise agreement ensures that the terms of employment for the workers at Visy Plastics Ingleburn are legally binding and enforceable.

Visy PET Pty Ltd T/A Visy Plastics Ingleburn

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established