Visy Logistics Pty Ltd

[2019] FWCA 8328

[2019] FWCA 8328

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Logistics Pty Ltd
(AG2019/4459)

VISY LOGISTICS PTY LTD VICTORIAN AND SOUTH AUSTRALIAN METROPOLITAN DRIVERS AND WAREHOUSE ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER PLATT	ADELAIDE, 9 DECEMBER 2019

Application for approval of the Visy Logistics Pty Ltd Victorian and South Australian 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 Victorian and South Australian Metropolitan Drivers and Warehouse Enterprise Agreement 2019 (the Agreement) 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 matter was allocated to my Chambers on 26 November 2019.

[3] On 3 December 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 4 December 2019. The undertaking deals with the following topics:

•  For the purposes of the additional week of annual leave provided for in the National Employment Standards (NES), a shiftworker is a seven shiftworker who is regularly rostered to work on Sundays and public holidays.

•  Any deduction from an employee’s wages under clause 20.1(g) of the Agreement will be reduced by the amount of notice actually given by the employee, and will otherwise be in accordance with the NES.

•  Clause 18.4(c) of the Agreement will not remove any right an employee would otherwise have under the NES to take personal leave to provide care or support to a member of the employee's immediate family, or a member of the employee's household, who requires care or support because of a personal illness, personal injury, or an unexpected emergency, affecting the member.

•  Employees must give the Applicant notice of their intention to take personal leave, or jury leave, as soon as practicable which may be a time after the leave has started.

•  An employee’s right to notice of termination or payment in lieu will not be effected by clause 20.2 (Abandonment of Employment) of the Agreement.

•  Clause 21.3 of the Agreement will not remove any employee’s entitlement to redundancy payment under the NES.

•  Clause 16 (Trip Rates) of the Agreement will not apply.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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) of the Act I note that the Agreement covers this organisation.

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

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 September 2021.

COMMISSIONER

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