DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Board Pty Ltd T/A Visy Recycling Glass Division
(AG2017/5500)

VISY RECYCLING LAVERTON ENTERPRISE AGREEMENT 2017

Waste management industry
COMMISSIONER GREGORY	MELBOURNE, 30 APRIL 2018

Application for approval of the Visy Recycling Laverton Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Visy Recycling Laverton Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Visy Board Pty Ltd T/A Visy Recycling Glass Division. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2018. The nominal expiry date of the Agreement is 1 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

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 2017. The dispute arose as the Commission needed to determine whether the agreement met the legal criteria for registration under the Fair Work Act 2009. The Commission assessed the agreement's compliance with the Act, focusing on whether it contained all the necessary minimum terms and conditions, and whether it was made in good faith and without coercion.

The central legal issue before the Commission was whether the agreement fulfilled the statutory requirements for registration. This involved examining the agreement's content to ensure it included all mandatory terms and conditions as prescribed by the Fair Work Act. Additionally, the Commission needed to verify that the agreement was made in good faith, without any element of coercion, and that the bargaining process adhered to the principles of genuine and meaningful negotiation. The Commission also had to consider whether the agreement met the provisions concerning the protection of employees' rights and interests.

In its decision, the Fair Work Commission found that the Visy Recycling Laverton Enterprise Agreement 2017 satisfied all the statutory requirements for registration. The Commission concluded that the agreement contained all the necessary minimum terms and conditions as specified by the Fair Work Act. Furthermore, the Commission determined that the agreement was made in good faith and without any element of coercion. The Commission was satisfied that the bargaining process was genuine and meaningful, and that the agreement appropriately protected the rights and interests of the employees.

The Fair Work Commission approved the Visy Recycling Laverton Enterprise Agreement 2017, registering it under the Fair Work Act. The agreement, which sets out the terms and conditions of employment for workers at Visy Recycling Glass Division, is now legally binding on the parties.

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