Visy Board Pty Ltd T/A Visy Recycling

[2018] FWCA 6030

[2018] FWCA 6030

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Board Pty Ltd T/A Visy Recycling
(AG2018/2838)

VISY RECYCLING GILLMAN SOUTH AUSTRALIA ENTERPRISE AGREEMENT

Waste management industry
COMMISSIONER PLATT	ADELAIDE, 28 SEPTEMBER 2018

Application for approval of the Visy Recycling South Australia Gillman Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Visy Recycling South Australia Gillman Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Visy Board Pty Ltd T/A Visy Recycling. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 12 September 2018.

[3] On 18 September 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Respondent to address these matters including the provision of an undertaking.

[4] The applicant has submitted an undertaking in the required form dated 26 September 2018. The undertaking deals with the following topics:

•  For the purposes of clause 13 of the Agreement, the Applicant undertakes not to employ casuals for the duration of the Agreement. The Applicant has also inserted a provision relating to part-time employment.

•  For the purposes of clause 18(c) of the Agreement, the reference to “11:00am” has been replaced with “11:00pm”.

•  Clause 18(g) has been removed.

•  Clause 21(a) has been modified to comply with the National Employment Standards (NES).

•  Clause 22(a) and 23 has been modified to comply with the NES.

•  Clause 26 has been varied to comply with the NES.

•  Clause 28(d) has been varied to comply with the NES.

[5] A copy of the undertaking has been provided to the employee bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The employee bargaining representative supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date on 30 June 2021.

COMMISSIONER

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