DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Board Pty Ltd T/A Visy Recycling Glass Division
(AG2021/4826)

VISY RECYCLING LAVERTON ENTERPRISE AGREEMENT 2020

Waste management industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 MAY 2021

Application for approval of the Visy Recycling Laverton Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Visy Recycling Laverton Enterprise Agreement 2020 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

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

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

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 May 2021. The nominal expiry date of the Agreement is 1 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Visy Board Pty Ltd, trading as Visy Recycling Glass Division, sought approval for the Visy Recycling Laverton Enterprise Agreement 2020 before the Fair Work Commission. The application was made under the Fair Work Act 2009 to ensure the agreement would be deemed a registered agreement. The dispute revolved around the conditions and terms outlined within the agreement, which was set to govern the employment of workers within the Laverton facility of Visy Recycling Glass Division.

The primary legal issues before the commission involved assessing whether the agreement met the statutory criteria for registration as a modern award. This included examining if the agreement covered the necessary terms, was free from prohibited content, and was the product of genuine bargaining. The commission also needed to determine if the agreement appropriately balanced the interests of the employees and the employer, ensuring compliance with the overarching principles of the Fair Work Act.

The Fair Work Commission found that the Visy Recycling Laverton Enterprise Agreement 2020 was in compliance with the statutory requirements. The agreement was deemed to cover all the necessary terms, contained no prohibited content, and was the result of genuine bargaining efforts. The commission concluded that the agreement effectively balanced the interests of the employees and the employer, aligning with the principles of the Fair Work Act. Consequently, the commission approved the agreement for registration, ensuring its enforceability under the Act.

In light of the findings, the Fair Work Commission approved the Visy Recycling Laverton Enterprise Agreement 2020 as a registered agreement. This approval meant that the terms and conditions specified in the agreement would legally bind the parties, providing a stable framework for the employment relationship within the Laverton facility of Visy Recycling Glass Division.

Visy Board Pty Ltd T/A Visy Recycling Glass Division

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established