Visy Logistics Pty Ltd

[2021] FWCA 6736

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Logistics Pty Ltd
(AG2021/8098)

VISY LOGISTICS PTY LIMITED LINE HAUL DRIVERS ENTERPRISE AGREEMENT 2021

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 17 NOVEMBER 2021

Application for approval of the Visy Logistics Pty Limited Line Haul Drivers Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Visy Logistics Pty Limited Line Haul Drivers Enterprise Agreement 2021 (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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, Visy Logistics Pty Ltd sought approval for the Visy Logistics Pty Limited Line Haul Drivers Enterprise Agreement 2021. The application was made to the Fair Work Commission under the Fair Work Act 2009. The agreement was intended to govern the employment conditions of Visy’s line haul drivers, including wages, hours of work, and other employment terms. The dispute centred on whether the agreement met the requirements for approval under the Act and whether it appropriately balanced the interests of both employees and the employer.

The legal issues before the Commission involved determining if the agreement was a "genuine" enterprise agreement, as defined by section 230 of the Fair Work Act. This required assessing if the agreement was made by a genuine majority of the relevant employees, whether it covered a defined group of employees, and if it complied with the procedural requirements for its formation. Additionally, the Commission had to consider whether the agreement met the "better off overall test" under section 181, ensuring that employees were not worse off financially by being bound by the agreement compared to their previous conditions.

The Commission found that the agreement was genuinely made by a majority of the relevant employees and covered a defined group. It also satisfied the procedural requirements and was consistent with the Act's objectives. Importantly, the Commission determined that the agreement was better off overall for the employees, as it provided improvements in various areas such as wages and conditions, outweighing any potential disadvantages. Consequently, the Commission approved the agreement, finding it met all necessary criteria for endorsement.

In approving the agreement, the Commission issued a formal order recognising the Visy Logistics Pty Limited Line Haul Drivers Enterprise Agreement 2021 as a valid enterprise agreement under the Fair Work Act. This order will govern the employment conditions of the line haul drivers and will be applicable from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established