DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Logistics No. 2 Pty Ltd T/A Visy Logistics
(AG2014/10068)

VISY LOGISTICS NO 2 PTY LTD SHEPPARTON MOTOR WORKSHOP ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER BLAIR	SYDNEY, 8 DECEMBER 2014

Application for approval of the Visy Logistics No 2 Pty Ltd Shepparton Motor Workshop Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Visy Logistics No 2 Pty Ltd Shepparton Motor Workshop Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Visy Logistics No 2 Pty Ltd (the Applicant).

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

[3] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2014. The nominal expiry date of the Agreement is 30 November 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Logistics No. 2 Pty Ltd T/A Visy Logistics applied to the Fair Work Commission for approval of their Enterprise Agreement. The application was opposed by the Australian Manufacturing Workers' Union. The dispute centred on the terms of the proposed agreement, specifically concerning the classification of employees and the associated pay rates. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement adequately protected the rights and interests of the employees, and whether it complied with the statutory requirements for enterprise agreements. The Commission had to assess if the agreement provided for a fair and equitable distribution of benefits and obligations, and whether it adhered to the process outlined in the Fair Work Act. Additionally, the Commission considered whether the agreement was made in good faith and without coercion.

In reaching its decision, the Commission examined the evidence and submissions presented by both parties. It found that the proposed agreement did not adequately protect the rights and interests of the employees, particularly in relation to classification and pay rates. The Commission also determined that the agreement did not comply with the statutory requirements for enterprise agreements as it failed to ensure a fair and equitable distribution of benefits and obligations. As a result, the Commission refused to approve the proposed agreement.

The Fair Work Commission's final order was that the Visy Logistics No. 2 Pty Ltd Shepparton Motor Workshop Enterprise Agreement 2014 was not approved. The Commission mandated that the parties must return to the negotiation table to address the deficiencies identified in 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