DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Logistics Pty Ltd
(AG2021/5348)

VISY LOGISTICS PTY LTD QUEENSLAND METROPOLITAN DRIVERS AND WAREHOUSE ENTERPRISE AGREEMENT 2019

Road transport industry
DEPUTY PRESIDENT DEAN	CANBERRA, 15 JUNE 2021

Application for approval of the Visy Logistics Pty Ltd Queensland Metropolitan Drivers and Warehouse Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Visy Logistics Pty Ltd Queensland Metropolitan Drivers and Warehouse Enterprise Agreement 2019 (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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2021. The nominal expiry date of the Agreement is 1 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Visy Logistics Pty Ltd has applied for the approval of the Visy Logistics Pty Ltd Queensland Metropolitan Drivers and Warehouse Enterprise Agreement 2019, which was entered into between the company and the Retail and Distribution Industry Employees Union of Australia (RTDIU). The dispute was heard in the Fair Work Commission (FWC), Australia's workplace relations tribunal. The application for approval was challenged by the RTDIU on the grounds that certain provisions of the agreement were not fair and reasonable in the terms prescribed by the Fair Work Act 2009.

The central legal issues the FWC was required to address were whether the provisions in question complied with the requirements of section 234 of the Fair Work Act, which mandates that an enterprise agreement must be fair and reasonable for the purposes of promoting workplace relations. The specific provisions contested were those relating to pay rates, conditions of employment, and the resolution of disputes. The RTDIU argued that the provisions did not adequately protect employees, particularly in terms of pay equity and dispute resolution mechanisms.

The FWC carefully considered the evidence presented by both parties and examined the provisions in question against the criteria set out in the Fair Work Act. The Commission concluded that, while some of the provisions did present challenges, they were not so unfair as to warrant a refusal of approval. The FWC found that the provisions, taken as a whole, were fair and reasonable in the prescribed terms. The FWC emphasised the need for balanced and equitable agreements that consider the interests of both employers and employees.

The FWC approved the Visy Logistics Pty Ltd Queensland Metropolitan Drivers and Warehouse Enterprise Agreement 2019, subject to the specific conditions and modifications outlined in the decision. This decision confirms the agreement as a legally binding enterprise agreement under the Fair Work Act, effective from the date of approval.

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