Visypet Pty Ltd T/A Visy Plastics

[2023] FWCA 2123

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Visypet Pty Ltd T/A Visy Plastics

(AG2023/1587)

VISY PLASTICS - SMITHFIELD EMPLOYEES ENTERPRISE AGREEMENT, 2022

Waste management industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 11 JULY 2023

Application for approval of the Visy Plastics – Smithfield Employees Enterprise Agreement, 2022

An application has been made for approval of an enterprise agreement to be known as the Visy Plastics – Smithfield Employees Enterprise Agreement, 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Visypet Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 14 June 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2023. The nominal expiry date of the Agreement is 31 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Visypet Pty Ltd, trading as Visy Plastics, and its employees. The primary dispute was regarding the approval of the Visy Plastics – Smithfield Employees Enterprise Agreement, 2022. The Fair Work Commission, through its General Division, was tasked with examining the fairness and compliance of this agreement with relevant labour laws and standards.

The court was required to determine several legal issues, primarily focusing on whether the agreement met the requirements for an enterprise agreement under the Fair Work Act 2009. This involved assessing if the agreement was free from prohibited content, whether it adhered to the provisions regarding minimum entitlements, and if the agreement was made in good faith and without coercion. The court also had to consider if the agreement was sufficiently comprehensive and whether the appropriate consultation processes were followed.

The Fair Work Commission found that the Visy Plastics – Smithfield Employees Enterprise Agreement, 2022, was compliant with the necessary legal standards. The court noted that the agreement contained all required provisions, including those for minimum wages and conditions, and was made without any prohibited content. Furthermore, the court was satisfied that the agreement was the product of genuine consultation and negotiation between the employer and the employees. Consequently, the application for approval of the agreement was successful.

In light of the findings, the Fair Work Commission approved the Visy Plastics – Smithfield Employees Enterprise Agreement, 2022. This decision was made effective from the date specified in the agreement, and it is now binding on 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