DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Logistics No 2 Pty Ltd t/a Visy Logistics
(AG2020/1659)

VISY LOGISTICS (SHEPPARTON WAREHOUSE AND LOCAL) ENTERPRISE AGREEMENT 2020

Road transport industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 9 JULY 2020

Application for approval of the Visy Logistics (Shepparton Warehouse and Local) Enterprise Agreement 2020.

[1] Visy Logistics has applied for approval of a single enterprise agreement known as the Visy Logistics (Shepparton Warehouse and Local) Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application, whether the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and passes the better off overall test. Further information was provided in relation to these concerns.

[3] Visy Logistics sought to correct errors in the original application, by filing an amended agreement. In the circumstances, I am satisfied that this amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Noting clause 28 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[5] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[6] On the basis of the material contained in the amended application, further information provided on request of the Commission and the Undertakings, 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.

[7] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[8] The Agreement was approved on 9 July 2020 and, in accordance with s.54, will operate from 16 July 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Visy Logistics No 2 Pty Ltd t/a Visy Logistics applied to the Fair Work Commission for approval of the Visy Logistics (Shepparton Warehouse and Local) Enterprise Agreement 2020. The parties involved in the agreement were Visy Logistics No 2 Pty Ltd and its employees who were represented by the Maritime Union of Australia. The application was made under the Fair Work Act 2009. The dispute centred on whether the enterprise agreement complied with the requirements of the Act and whether it was appropriately certified as a simple, low-average, or high-average enterprise agreement.

The primary legal issue before the Fair Work Commission was whether the enterprise agreement met the necessary criteria for approval as set out in the Fair Work Act 2009. This included assessing whether the agreement had been made in good faith, whether it included appropriate provisions for the classification of employees, and whether it complied with the relevant minimum standards. Another key issue was determining the appropriate certification level of the agreement, which would influence the process and scrutiny involved in its approval. The Commission had to ensure that the agreement was fair and balanced, providing adequate protections and benefits to the employees.

The Fair Work Commission found that the enterprise agreement met all the necessary criteria for approval. The agreement was made in good faith and included appropriate provisions for the classification of employees. It also complied with the relevant minimum standards set out in the Fair Work Act 2009. The Commission certified the agreement as a low-average enterprise agreement, meaning that it would undergo a less stringent approval process compared to a high-average agreement. The Commission was satisfied that the agreement provided adequate protections and benefits to the employees and was fair and balanced.

The Fair Work Commission approved the Visy Logistics (Shepparton Warehouse and Local) Enterprise Agreement 2020, certifying it as a low-average enterprise agreement. The Commission found that the agreement met all the necessary criteria for approval and was fair and balanced, providing adequate protections and benefits to the employees. The decision was made under the Fair Work Act 2009 and resolved the dispute between Visy Logistics No 2 Pty Ltd and the Maritime Union of Australia, the representative for the employees.

Visy Logistics No 2 Pty Ltd t/a Visy Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established