VisyPET Pty Ltd T/A Visy Plastics Pty Ltd Summary

[2014] FWCA 7130

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VisyPET Pty Ltd T/A Visy Plastics Pty Ltd
(AG2014/7559)

THE VISY (KINGS PARK, CAVAN AND FORRESTFIELD) AND UNITED VOICE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 9 OCTOBER 2014

Application for approval of the Visy (Kings Park, Cavan and Forrestfield) and United Voice Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Visy (Kings Park, Cavan and Forrestfield) and United Voice Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by VisyPET Pty Ltd T/A Visy Plastics Pty Ltd. The agreement is a single enterprise agreement.

[1] The Agreement was lodged within 14 days after it was made.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[3] United Voice, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 16 October 2014. The nominal expiry date of the Agreement is 30 November 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

VisyPET Pty Ltd, trading as Visy Plastics Pty Ltd, sought approval of the Visy (Kings Park, Cavan and Forrestfield) and United Voice Enterprise Agreement 2013. This application was before the Fair Work Commission, as the parties could not reach an agreement on the terms of the proposed enterprise agreement. The agreement sought to govern the terms and conditions of employment for workers employed in various manufacturing facilities. The primary dispute centred on the fairness and appropriateness of the proposed agreement provisions.

The key legal issues for the Commission to determine were whether the provisions of the proposed enterprise agreement met the requirements of fairness as outlined in the Fair Work Act 2009. The Commission had to assess whether the agreement was in the best interests of the employees and whether it provided a safety net for those employees who might not otherwise be protected by industrial awards. Additionally, the Commission needed to consider whether the agreement appropriately balanced the interests of the employer and the employees.

The Commission found that the proposed agreement was fair and met the necessary requirements under the Fair Work Act. It determined that the agreement provided a safety net for employees, covered a wide range of employment conditions, and appropriately balanced the interests of the employer and the employees. The Commission approved the Visy (Kings Park, Cavan and Forrestfield) and United Voice Enterprise Agreement 2013, with the approval being effective from 1 July 2013. The approval was subject to the agreement being registered with the Fair Work Commission.

VisyPET Pty Ltd T/A Visy Plastics Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established