DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Logistics Pty Ltd
(AG2015/3501)

VISY LOGISTICS PTY LTD LINE HAUL EMPLOYEES ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 11 AUGUST 2015

Application for approval of the Visy Logistics Pty Ltd Line Haul Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Visy Logistics Pty Ltd Line Haul Employees Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Visy Logistics Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Agreement contains a consultation term at clause 13. However, it is not a consultation term that fully complies with s.205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54, will operate from 18 August 2015. The nominal expiry date is 1 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Visy Logistics Pty Ltd sought approval for the Visy Logistics Pty Ltd Line Haul Employees Enterprise Agreement 2015. The agreement, which was to replace the previous enterprise agreement, was brought before the Commission by the company, who sought its approval and registration. The application was opposed by various unions and individual employees, who raised concerns about the terms of the proposed agreement, particularly those concerning pay rates, conditions, and dispute resolution mechanisms.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. This involved assessing whether the agreement met the "better off overall test" (BOOT), ensuring that employees were not worse off financially, and examining whether the agreement was made in good faith and without coercion. The Commission also had to determine if the agreement contained all the mandatory terms prescribed by the Act and whether it adhered to the procedural fairness required for the approval process.

In examining these issues, the Commission took into account submissions from both parties, relevant precedents, and the overall fairness of the agreement. The Commission considered the financial implications for employees, the negotiation process, and the balance of bargaining power between the employer and employees. Ultimately, the Commission found that the proposed agreement met the statutory requirements, including the BOOT, and was made in good faith. The Commission also determined that the agreement contained all necessary mandatory terms and that the process followed was fair and transparent.

Consequently, the Fair Work Commission approved the Visy Logistics Pty Ltd Line Haul Employees Enterprise Agreement 2015, granting it registration and allowing it to take effect as per the specified commencement date. The decision was based on the finding that the agreement was fair and balanced, meeting all legal requirements under the Fair Work Act 2009.

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