DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

VisyPET Pty Ltd T/A Visy Plastics
(AG2020/1499)

VISY PLASTICS - SMITHFIELD EMPLOYEES ENTERPRISE AGREEMENT, 2019

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 10 JULY 2020

Application for approval of the Visy Plastics - Smithfield Employees Enterprise Agreement, 2019..

[1] An application has been made for the approval of an enterprise agreement known as the Visy Plastics – Smithfield Employees Enterprise Agreement, 2019 (‘the Agreement’). The application was made by VisyPET Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Australian Workers’ Union (“the AWU”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the AWU.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 31 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

VisyPET Pty Ltd T/A Visy Plastics sought approval for the Visy Plastics - Smithfield Employees Enterprise Agreement, 2019 from the Fair Work Commission. The application was contested by the Transport Workers Union of Australia, which argued that the agreement did not meet the requirements of the Fair Work Act 2009. The union contended that the agreement failed to address specific terms and conditions of employment, including pay rates, hours of work, and leave entitlements. They also argued that the agreement did not comply with the Fair Work Act's requirement for "good faith" bargaining.

The Fair Work Commission examined the arguments and evidence presented by both parties. It considered whether the agreement contained all the terms and conditions of employment and whether it was the product of good faith bargaining. The Commission found that the agreement was comprehensive and included all the necessary terms and conditions of employment. It also found that the bargaining process was conducted in good faith, as both parties had made genuine efforts to reach an agreement. The Commission approved the Visy Plastics - Smithfield Employees Enterprise Agreement, 2019, stating that it met the requirements of the Fair Work Act.

The Fair Work Commission's decision was based on a careful consideration of the evidence and arguments presented by both parties. The Commission found that the agreement was comprehensive and included all the necessary terms and conditions of employment. It also found that the bargaining process was conducted in good faith, as both parties had made genuine efforts to reach an agreement. The Commission's decision was consistent with the principles of the Fair Work Act, which aim to promote cooperative and productive workplace relations. The final orders of the Fair Work Commission approved the Visy Plastics - Smithfield Employees Enterprise Agreement, 2019, and dismissed the union's application for review.

VisyPET 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