DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Logistics No 2 Pty Ltd T/A Visy Logistics
(AG2015/4235)

VISY LOGISTICS (SHEPPARTON WAREHOUSE AND LOCAL) ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 20 AUGUST 2015

Application for approval of the Visy Logistics (Shepparton Warehouse and Local) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Visy Logistics (Shepparton Warehouse and Local) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Visy Logistics No 2 Pty Ltd T/A Visy Logistics. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Transport Workers’ Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 27 August 2015. The nominal expiry date is 19 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Logistics No 2 Pty Ltd, trading as Visy Logistics, applied to the Fair Work Commission for approval of the Visy Logistics (Shepparton Warehouse and Local) Enterprise Agreement 2015. The dispute involved the terms of the proposed agreement and its alignment with the requirements of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval, including the compliance with the Fair Work Act and the procedural fairness in the negotiation process.

The legal issues before the Commission included whether the agreement contained all the mandated terms as per the Fair Work Act, and if it was negotiated fairly and in good faith. Additionally, the Commission needed to ensure that the agreement provided for the protection of employees' rights and interests, and that it did not contain any provisions that could be considered contrary to the public interest. The Commission also had to consider if the process through which the agreement was negotiated was procedurally fair.

The Fair Work Commission found that the Visy Logistics (Shepparton Warehouse and Local) Enterprise Agreement 2015 was compliant with the Fair Work Act and met all the necessary criteria for approval. The Commission noted that the agreement contained all the mandated terms and did not include any provisions that were contrary to the public interest. The Commission was satisfied that the negotiation process was procedurally fair and that the agreement was made in good faith. The Commission approved the agreement, noting that it provided for the protection of employees' rights and interests.

The Fair Work Commission approved the Visy Logistics (Shepparton Warehouse and Local) Enterprise Agreement 2015, effective from the date of the decision. The agreement was registered with the Fair Work Ombudsman and would apply to the employees covered by the agreement.

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