Visypak Operations Pty Ltd

[2013] FWCA 8583

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visypak Operations Pty Ltd
(AG2013/9933)

VISYPAK OPERATIONS PTY LTD (CLAYTON) COLLECTIVE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 31 OCTOBER 2013

Application for approval of the Visypak Operations Pty Ltd (Clayton) Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Visypak Operations Pty Ltd (Clayton) Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Visypak Operations Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

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

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 7 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Visypak Operations Pty Ltd (Clayton) Collective Agreement 2013. The dispute arose between Visypak Operations Pty Ltd, an entity engaged in the manufacturing of packaging materials, and its employees represented by the Paper, Pulp and Packaging Workers Union. The crux of the matter was whether the proposed collective agreement met the requisite standards for approval under the Fair Work Act 2009.

The central legal issues before the court were whether the collective agreement complied with the procedural requirements of the Fair Work Act and whether it contained provisions that were fair and reasonable in terms of the benefits, rights, and obligations of the employees and the employer. Specifically, the court had to assess the agreement's conformity with the criteria for approval, which included the process by which the agreement was negotiated and whether it provided for minimum terms and conditions of employment. The court also examined whether the agreement adequately balanced the interests of the employees and the employer.

In its decision, the Fair Work Commission found that the process by which the collective agreement was negotiated was compliant with the statutory requirements. The commission noted that the agreement had been subject to a genuine bargaining process and that it contained provisions that were fair and reasonable. The commission highlighted that the agreement provided for minimum terms and conditions of employment, which were not less favourable than the relevant awards or the general industrial award. The commission also considered the economic context and the bargaining positions of the parties in its evaluation of the agreement's fairness. Ultimately, the commission approved the Visypak Operations Pty Ltd (Clayton) Collective Agreement 2013, determining that it met the necessary standards for approval.

The final orders of the commission were that the Visypak Operations Pty Ltd (Clayton) Collective Agreement 2013 be approved and registered, effective from the date of the decision. The commission also directed that the agreement be published on the Fair Work Commission's website to ensure transparency and accessibility for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established