DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visypet Pty Ltd
(AG2021/6640)

VISY PLASTICS SPRINGVALE ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 AUGUST 2021

Application for approval of the Visy Plastics Springvale Enterprise Agreement 2021.

[1] Visypet Pty Ltd has made an application for approval of an enterprise agreement known as the Visy Plastics Springvale Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] The Agreement was approved on 30 August 2021 and, in accordance with s 54, will operate from 6 September 2021. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE512905 PR733289>
Annexure A

CaseChat Overview and Summary

Visypet Pty Ltd sought approval of the Visy Plastics Springvale Enterprise Agreement 2021 in the Fair Work Commission. The agreement was between Visypet Pty Ltd and the Australian Manufacturing Workers' Union. The dispute arose over the union's claim that the agreement failed to adequately provide for the rights and entitlements of employees, particularly regarding pay rates and conditions.

The legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically if it provided for the rights and entitlements of employees and if it was made in good faith. The union argued that the agreement did not adequately protect employees' pay and conditions, while Visypet contended that the agreement was fair and reasonable.

The Commission found that the agreement met the criteria for approval. It concluded that the agreement was made in good faith and provided for the rights and entitlements of employees, including appropriate pay rates and conditions. The Commission considered the evidence provided by both parties and found that the agreement was fair and reasonable.

The Commission approved the Visy Plastics Springvale Enterprise Agreement 2021. The union's application for further review was dismissed.

Visypet Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established