DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

VisyPET Pty Ltd T/A Visy Plastics Ingleburn
(AG2016/3937)

VISY PLASTICS INGLEBURN ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 31 AUGUST 2016

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

[1] An application has been made for approval of a variation of the Visy Plastics Ingleburn Enterprise Agreement 2013 (the Agreement).

[2] The Agreement shall be varied as follows:

By deleting clause 4 and inserting the following:

“This Agreement shall cover:

(a) VisyPET Pty Ltd, trading as Visy Plastics Ingleburn (“the Company”) (ABN:52099764119) in respect of all of NSW site operations excluding 6
Herbert Place Smithfield NSW and 5 Coronation Avenue Kings Park NSW; and

(b) Employees of Visy PET Pty Ltd, trading as Visy Plastics Ingleburn (the Company) at each of its NSW site operations excluding 6 Herbert Place Smithfield NSW and 5 Coronation Avenue Kings Park NSW, who perform work within the classifications provided within this Agreement.”

[3] The variation to the Agreement is approved and will come into operation from 30 June 2016.

[4] The consolidated Agreement, as varied, is attached to this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

VisyPET Pty Ltd, trading as Visy Plastics Ingleburn, applied to the Fair Work Commission to vary the Visy Plastics Ingleburn Enterprise Agreement 2013. The dispute centred on modifications to various aspects of the agreement, including changes to the classification and wages of employees, shifts, and conditions of employment. The Fair Work Commission was tasked with determining whether the proposed changes were reasonable and justifiable.

The legal issues before the Commission included whether the changes proposed by VisyPET were in accordance with the criteria set out in section 234 of the Fair Work Act 2009, which provides for variations to enterprise agreements. This involved an assessment of the fairness and reasonableness of the changes in terms of their impact on the employees and whether the employer had genuinely attempted to negotiate with the employees' representatives.

In its decision, the Commission noted that the changes proposed by VisyPET aimed to respond to economic pressures and the need to maintain competitiveness. The Commission found that the proposed changes were fair and reasonable, taking into account the economic context and the efforts made by the employer to consult with the employees' representatives. The Commission held that the proposed variations were justifiable under the Act and granted the application for variation of the enterprise agreement.

The Fair Work Commission's final orders included the approval of the proposed changes to the Visy Plastics Ingleburn Enterprise Agreement 2013, allowing VisyPET to implement the new terms and conditions as outlined in the application.

VisyPET Pty Ltd T/A Visy Plastics Ingleburn

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established