DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy PET Pty Ltd T/A Visy Plastics
(AG2017/615)

THE VISY (KINGS PARK AND FORRESTFIELD) AND UNITED VOICE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 11 MAY 2017

Application for approval of The Visy (Kings Park and Forrestfield) and United Voice Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The Visy (Kings Park and Forrestfield) and United Voice 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 VisyPET Pty Ltd T/A Visy Plastics Pty. Ltd. 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.

[4] The United Voice (UV) 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 is approved and, in accordance with s.54 of the Act, will operate from 18 May 2017. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy PET Pty Ltd, trading as Visy Plastics, applied to the Fair Work Commission for approval of the Visy (Kings Park and Forrestfield) and United Voice Enterprise Agreement 2016. The application was made in the context of a broader dispute between Visy and United Voice, a union representing employees in the manufacturing and processing industries. The central issue was whether the proposed agreement met the requirements under the Fair Work Act 2009 for enterprise agreements to be approved by the Commission. Specifically, the court needed to determine if the agreement contained the necessary provisions for minimum wages, penalty rates, and other employment conditions as stipulated by the Act.

The legal issues before the Commission involved assessing the compliance of the agreement with the Fair Work Act and ensuring it met the criteria for a "single, simple and clear" enterprise agreement. The Commission examined whether the agreement contained all necessary terms and conditions, was free from unlawful content, and was made in good faith. Furthermore, the court needed to consider if the agreement provided for the proper operation of the business and the protection of employees' rights.

In its decision, the Commission found that the proposed agreement generally complied with the requirements of the Fair Work Act. The agreement was deemed to be simple, clear, and contained all the necessary terms and conditions. The Commission highlighted that the agreement provided for fair wages and conditions, and there was evidence of good faith bargaining between Visy and United Voice. The court approved the agreement, noting that it met the statutory criteria for enterprise agreements and was beneficial for both parties in terms of operational efficiency and employee protection.

The final orders of the Commission included the approval of the Visy (Kings Park and Forrestfield) and United Voice Enterprise Agreement 2016, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment conditions of the relevant employees. The decision underscored the importance of adhering to the legal framework for enterprise agreements and the role of the Commission in ensuring fair and lawful agreements are implemented in the workplace.

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