Visy Logistics No 2 Pty Ltd T/A Visy Logistics Summary

[2023] FWCA 1233

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Visy Logistics No 2 Pty Ltd T/A Visy Logistics

(AG2023/1043)

VISY LOGISTICS (SHEPPARTON WAREHOUSE AND LOCAL) ENTERPRISE AGREEMENT 2022

Road transport industry
COMMISSIONER MIRABELLA	MELBOURNE, 1 MAY 2023

Application for approval of the Visy Logistics (Shepparton Warehouse and Local) Enterprise Agreement 2022.

Visy Logistics No 2 Pty Ltd T/A Visy Logistics has made an application for approval of an enterprise agreement known as the Visy Logistics (Shepparton Warehouse and Local) Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 28 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Transport Workers’ Union of Australia, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 1 May 2023 and, in accordance with s.54 of the Act, will operate from 8 May 2023. The nominal expiry date of the Agreement is 31 October 2024.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Visy Logistics No 2 Pty Ltd T/A Visy Logistics, the Fair Work Commission was tasked with approving an enterprise agreement. The agreement in question was between Visy Logistics and its employees, covering the Shepparton Warehouse and Local operations. The primary dispute centred on the terms and conditions of employment as proposed in the enterprise agreement, and the need for the Commission to ensure it complied with the relevant legislative requirements under the Fair Work Act 2009.

The key legal issues before the Commission involved assessing whether the proposed agreement met the procedural and substantive requirements set forth in the legislation. Procedurally, the Commission needed to verify if the agreement had been genuinely negotiated and if proper consultation had taken place. Substantively, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including minimum wages, hours of work, leave entitlements, and other benefits.

The Commission carefully reviewed the evidence presented by both parties, noting that the agreement had been negotiated in good faith and that employees had been adequately consulted. The terms of the agreement were found to be fair and reasonable, providing for appropriate minimum wages, leave entitlements, and other employment conditions. The Commission was satisfied that the agreement complied with all relevant legal requirements and approved it accordingly.

The final orders confirmed the approval of the Visy Logistics (Shepparton Warehouse and Local) Enterprise Agreement 2022, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement are legally binding between Visy Logistics and its employees, providing a clear framework for their employment relationship.

Visy Logistics No 2 Pty Ltd T/A Visy Logistics

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established