VisyPET Pty Ltd T/A Visy Plastics Ingleburn

[2014] FWCA 125

FAIR WORK COMMISSION

DECISION

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

VisyPET Pty Ltd T/A Visy Plastics Ingleburn
(AG2013/10516)

VISY PLASTICS INGLEBURN ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 7 JANUARY 2014

Application for approval of the Visy Plastics Ingleburn Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Visy Plastics Ingleburn Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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. In accordance with s.54(1) it will operate from 14 January 2014. The nominal expiry date of the Agreement is 30 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

VisyPET Pty Ltd T/A Visy Plastics Ingleburn was before the Fair Work Commission in an application for approval of the Visy Plastics Ingleburn Enterprise Agreement 2013. The dispute was between VisyPET, as the employer, and the Australian Manufacturing Workers' Union, as the employee representative. The central issue was whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The application sought to approve the agreement as a single, certified agreement under the 'better off overall test' and to approve the agreement as a modified agreement.

The court examined whether the agreement satisfied the 'better off overall test', ensuring that employees were not worse off than they would be under the applicable award or safety net. The court also assessed if the agreement contained all the mandatory terms required by the Fair Work Act and whether it adhered to procedural fairness and good faith bargaining principles. Additionally, the court considered if the agreement included appropriate dispute resolution mechanisms. The court found that the agreement did not meet the 'better off overall test', but it could be approved as a modified agreement. This was due to the union's acceptance of the employer's proposed changes, which were deemed to be in the best interests of the employees.

The Fair Work Commission approved the Visy Plastics Ingleburn Enterprise Agreement 2013 as a modified agreement, recognising the union's consent to the changes proposed by VisyPET. The court determined that the modified agreement was fair and met the requirements of the Fair Work Act. The decision underscored the importance of the 'better off overall test' and the need for procedural fairness in the bargaining process. The approval was subject to the parties adhering to the terms of the modified agreement, including the dispute resolution mechanisms. The decision highlighted the balance between the employer's business interests and the employees' rights to fair treatment and adequate protections.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established