Visy Board Pty Ltd T/A Visy Recycling Glass Division

[2024] FWCA 2222

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Visy Board Pty Ltd T/A Visy Recycling Glass Division

(AG2024/1918)

VISY RECYCLING LAVERTON ENTERPRISE AGREEMENT 2023

Waste management industry
DEPUTY PRESIDENT BELL	MELBOURNE, 14 JUNE 2024

Application for approval of the Visy Recycling Laverton Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Visy Recycling Laverton Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Visy Board Pty Ltd T/A Visy Recycling Glass Division. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 29 November 2023 and the Agreement was made on 17 May 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 14 June 2024 and, in accordance with s.54 of the Act, will operate from 21 June 2024. The nominal expiry date of the Agreement is 1 October 2026.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Board Pty Ltd, trading as Visy Recycling Glass Division, applied to the Fair Work Commission for approval of the Visy Recycling Laverton Enterprise Agreement 2023. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement complied with the legislative provisions, including those concerning employee representation, consultation, and procedural fairness.

The court had to consider whether the agreement provided for genuine employee representation and consultation, whether it adhered to procedural fairness, and whether it met the standards of the Fair Work Act. A critical aspect of the decision was evaluating if the agreement was made in good faith and whether it provided for a fair and reasonable outcome for the employees. The court also needed to assess if the agreement was made without coercion, undue influence, or harassment.

The Fair Work Commission found that the Visy Recycling Laverton Enterprise Agreement 2023 met all the necessary legal criteria. The agreement provided for genuine employee representation and consultation, adhered to procedural fairness, and was made in good faith. The Commission concluded that the agreement was fair and reasonable and did not involve any coercion, undue influence, or harassment. Consequently, the application for approval was successful.

The Fair Work Commission approved the Visy Recycling Laverton Enterprise Agreement 2023, allowing it to be registered with the Commission. This decision ensures that the agreement is legally binding and enforceable, providing a framework for the employment relationship between Visy Board Pty Ltd and its employees under the terms of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established