DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VisyPET Pty Ltd T/A Visy Plastics Moorabbin
(AG2017/5741)

VISY BEVERAGE MOORABBIN AND AUSTRALIAN WORKERS’ UNION ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 13 DECEMBER 2017

Application for approval of the Visy Beverage Moorabbin and Australian Workers’ Union Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Visy Beverage Moorabbin and Australian Workers’ Union Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by VisyPET Pty Ltd T/A Visy Plastics Moorabbin. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from VisyPET Pty Ltd T/A Visy Plastics Moorabbin. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2017. The nominal expiry date of the Agreement is 3 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

VisyPET Pty Ltd, trading as Visy Plastics Moorabbin, sought approval of the Visy Beverage Moorabbin and Australian Workers’ Union Enterprise Agreement 2018. The application was made to the Fair Work Commission, which is tasked with regulating the terms and conditions of employment across Australia. The dispute centred on whether the proposed agreement adequately met the statutory requirements for approval under the Fair Work Act 2009. The agreement sought to establish new terms and conditions of employment for workers at the Visy Plastics Moorabbin facility, which included provisions relating to wages, hours of work, leave entitlements, and other employment-related matters.

The primary legal issues the Commission had to address were whether the agreement provided for the fair and equitable treatment of employees, whether it complied with the minimum terms and conditions set out in the relevant modern awards, and whether the agreement was negotiated in good faith. Additionally, the Commission needed to ensure that the agreement did not discriminate against any particular group of employees and that it contained adequate mechanisms for the resolution of workplace disputes. The Commission also considered whether the agreement was consistent with the principles of the National Employment Standards and the overall objectives of the Fair Work Act.

In reaching its decision, the Commission carefully reviewed the negotiation process, the content of the agreement, and the submissions made by both parties. The Commission found that the agreement had been negotiated in good faith and that it provided for fair and equitable terms and conditions of employment. The Commission also determined that the agreement met all statutory requirements under the Fair Work Act, including compliance with the relevant modern award and the National Employment Standards. The agreement was approved, with the Commission satisfied that it would provide a fair and balanced framework for the ongoing employment relationship between VisyPET and its workforce.

The Fair Work Commission approved the Visy Beverage Moorabbin and Australian Workers’ Union Enterprise Agreement 2018, subject to the terms and conditions set out in the decision. The agreement now forms the basis for the employment relationship between VisyPET and the employees covered by the agreement.

VisyPET Pty Ltd T/A Visy Plastics Moorabbin

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established