DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Board Pty Ltd T/A Visy Recycling Glass Division
(AG2014/10210)

VISY RECYCLING LAVERTON ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 19 DECEMBER 2014

Application for approval of the Visy Recycling Laverton Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Visy Recycling Laverton Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Visy Board Pty Ltd T/A Visy Recycling Glass Division. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2014. The nominal expiry date of the Agreement is 1 October 2017.

COMMISSIONER

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 the approval of the Visy Recycling Laverton Enterprise Agreement 2014. The dispute centred on whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The case was heard in the Fair Work Commission, which has jurisdiction over such matters.

The primary legal issue was whether the agreement complied with the requirements for enterprise agreements under the Fair Work Act. Specifically, the Commission had to determine if the agreement included all the necessary minimum terms and conditions, and if it was free from prohibited content. The Commission also needed to ensure that the agreement had been fairly negotiated and did not discriminate against any particular group of employees.

The Fair Work Commission found that the Visy Recycling Laverton Enterprise Agreement 2014 included all the necessary minimum terms and conditions and did not contain any prohibited content. The Commission also determined that the agreement had been fairly negotiated and did not discriminate against any group of employees. Consequently, the Commission approved the agreement, noting that it provided a fair and reasonable framework for the employment of workers within the Visy Recycling Glass Division.

The Fair Work Commission approved the Visy Recycling Laverton Enterprise Agreement 2014, determining it met all legal requirements under the Fair Work Act. The agreement was deemed to include all necessary minimum terms and conditions, lacked prohibited content, and was fairly negotiated without discrimination. This approval allows the agreement to be enforced as a legally binding contract between Visy Board Pty Ltd and its employees covered by the agreement.

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