DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Logistics Pty Ltd
(AG2015/3479)

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

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 11 AUGUST 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Visy Logistics Pty. Ltd. NSW Metropolitan Drivers and Warehouse 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] 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 18 August 2015. The nominal expiry date is 8 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Visy Logistics Pty Ltd applied for the approval of the NSW Metropolitan Drivers and Warehouse Enterprise Agreement 2015. The applicant argued that the proposed agreement was fair and reasonable and met the necessary legal criteria for approval under the Fair Work Act 2009. The application was contested by the Transport Workers Union, who argued that certain provisions of the agreement were unfair and did not adequately protect the rights of employees.

The legal issues before the Commission included whether the agreement contained provisions that were unfair, and if the agreement met the requirements for approval under the Fair Work Act 2009. The Commission had to consider the provisions of the agreement, as well as any relevant evidence and submissions from the parties.

The Commission found that the agreement did contain certain provisions that were unfair, including provisions related to the classification of employees and the calculation of overtime. However, the Commission also found that the overall agreement was fair and reasonable, and met the necessary criteria for approval. The Commission approved the agreement, subject to certain modifications to address the unfair provisions. The modifications were intended to ensure that the agreement provided adequate protections for employees and complied with the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the NSW Metropolitan Drivers and Warehouse Enterprise Agreement 2015, subject to certain modifications. The modifications were intended to address the unfair provisions identified by the Commission, and to ensure that the agreement provided adequate protections for employees. The Commission found that the overall agreement was fair and reasonable, and met the necessary criteria for approval. The modifications were intended to ensure that the agreement complied with the requirements of 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