Visy Board Pty Ltd T/A Visy Recycling
[2022] FWCA 1197
•5 APRIL 2022
| [2022] FWCA 1197 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Visy Board Pty Ltd T/A Visy Recycling
(AG2022/731)
Application for approval of the Visy Recycling (Springvale) Enterprise Agreement 2021
| Waste management industry | |
| DEPUTY PRESIDENT MILLHOUSE | MELBOURNE, 5 APRIL 2022 |
Application for approval of the Visy Recycling (Springvale) Enterprise Agreement 2021.
An application has been made for approval of an enterprise agreement known as the Visy Recycling (Springvale) Enterprise Agreement 2021 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Act). It has been made by Visy Board Pty Ltd T/A Visy Recycling (Employer). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.
I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES:
· Clause 15.2 of the Agreement allows annual leave taken in advance to be deducted from remuneration payable on termination.
· Clause 15.4(c) of the Agreement reduces the amount of paid personal/carer's leave available to a non-casual employee each year.
· Clause 15.4(h) of the Agreement imposes a condition on employees to inform the employer of their ability to attend for duty that is more restrictive than the NES.
· Clause 16 of the Agreement which does not provide an entitlement to any other day or part-day declared or prescribed to be observed within a State or Territory.
· Clause 17.6 of the Agreement removes an employee’s right to notice of termination where the employee is found to have abandoned their employment.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.
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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 12 April 2022. The nominal expiry date of the Agreement is 1 July 2024.
DEPUTY PRESIDENT
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Annexure A
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