DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Logistics Pty Ltd
(AG2015/3253)

VISY LOGISTICS PTY LTD VICTORIAN AND SOUTH AUSTRALIAN 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 Victorian and South Australian 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 Victorian and South Australian 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 Company). The Agreement is a single-enterprise agreement.

[2] On 7 August 2015 undertakings were provided by Ms J Nyhof, National Employee Relations Manager of the Company. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part 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 Australian Workers’ Union and Transport Workers’ Union of Australia have given notices under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54, will operate from 18 August 2015. The nominal expiry date is 8 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Visy Logistics Pty Ltd applied to the Fair Work Commission for the approval of the Visy Logistics Pty Ltd Victorian and South Australian Metropolitan Drivers and Warehouse Enterprise Agreement 2015. The applicant and the trade union, the National Union of Workers, had negotiated the agreement, which sought to regulate the terms and conditions of employment for drivers and warehouse workers employed by the respondent in the metropolitan areas of Victoria and South Australia. The matter was heard by Deputy President Jones.

The legal issues the court was required to decide were whether the agreement met the requirements of the Fair Work Act 2009 and was therefore suitable for approval. This involved assessing whether the agreement was a genuine agreement, whether it complied with the provisions of the Fair Work Act, and whether the agreement was in the interests of the employees and employers. The court also needed to determine whether the agreement provided for minimum terms and conditions of employment, and whether the agreement was procedurally fair.

The court found that the agreement was a genuine agreement between the parties and that it complied with the provisions of the Fair Work Act. The agreement was in the interests of the employees and employers and provided for minimum terms and conditions of employment. The court also found that the agreement was procedurally fair, having been negotiated in good faith. The Deputy President approved the agreement, noting that it provided for reasonable and fair terms and conditions of employment for the employees covered by the agreement.

The court ordered that the Visy Logistics Pty Ltd Victorian and South Australian Metropolitan Drivers and Warehouse Enterprise Agreement 2015 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered and published on the Fair Work Commission's website. The Deputy President also noted that the agreement would be in effect from the date of registration and would remain in force until it was terminated or varied in accordance with the Fair Work Act.

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