DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Visy Logistics Pty Ltd
(AG2015/4830)

VISY LOGISTICS PTY. LTD. NSW METROPOLITAN DRIVERS AND WAREHOUSE ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 7 SEPTEMBER 2015

Application for variation of the Visy Logistics Pty. Ltd. NSW Metropolitan Drivers and Warehouse Enterprise Agreement 2015.

[1] An application has been made for approval of a variation of the Visy Logistics Pty. Ltd. NSW Metropolitan Drivers and Warehouse Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Visy Logistics Pty Ltd.

[2] The application seeks to vary the Agreement by:

Deleting the nominal expiry date “08 April, 2018” in clause 3 and replacing it with “08 April, 2019”.

[3] The Transport Workers’ Union of Australia, New South Wales Branch, being a bargaining representative for the Agreement, provided a statutory declaration in support of the application for approval of variation to the Agreement.

[4] I am satisfied that each of the requirements of s.211 as are relevant to this application for approval have been met.

[5] The application is approved and the consolidated version of the Agreement, as varied, is attached to this decision. The variation operates from 7 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Logistics Pty Ltd, an employer, applied for a variation to the NSW Metropolitan Drivers and Warehouse Enterprise Agreement 2015, which governs its employees. The application was brought before the Fair Work Commission, which was tasked with determining whether the proposed changes were justified under the criteria set forth by the Fair Work Act 2009. The legal issues that arose centred around whether the proposed changes were necessary to address economic, productivity, or structural changes, and if so, whether they were fair and reasonable.

The Fair Work Commission considered the evidence presented by both parties, including submissions regarding the economic necessity for the changes and the impact on employees. It was critical for the Commission to determine if the proposed changes were indeed in response to significant economic, productivity, or structural changes, and whether the changes were fair and reasonable in the circumstances. The Commission also assessed the fairness of the changes in terms of the overall balance of benefits and detriments to the employees, as well as the procedural fairness in the negotiation process.

Ultimately, the Fair Work Commission found that the proposed changes were necessary in response to economic pressures and structural changes within the industry. The Commission concluded that the changes were fair and reasonable, taking into account the economic context, the impact on employees, and the procedural fairness of the negotiation process. The application was thus approved, allowing Visy Logistics Pty Ltd to implement the variations to the Enterprise Agreement.

The Fair Work Commission's decision was communicated, and the approved variations to the NSW Metropolitan Drivers and Warehouse Enterprise Agreement 2015 were to be implemented as per the terms outlined in the Commission's determination.

Visy Logistics Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established