DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Logistics Pty Ltd
(AG2018/2612)

VISY LOGISTICS PTY LIMITED LINE HAUL DRIVERS ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 SEPTEMBER 2018

Application for approval of the Visy Logistics Pty Limited Line Haul Drivers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Visy Logistics Pty Limited Line Haul Drivers Enterprise Agreement 2018 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 19 September 2018 and, in accordance with s.54, will operate from 26 September 2018. The nominal expiry date of the Agreement is 1 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to the case were Visy Logistics Pty Ltd and the Transport Workers Union of Australia. The dispute related to an application for approval of the Visy Logistics Pty Limited Line Haul Drivers Enterprise Agreement 2018. The case was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement had been made in accordance with the relevant bargaining and procedural requirements, and if it contained the necessary provisions to be considered a genuinely negotiated agreement.

The Commission found that the agreement had been made in accordance with the relevant bargaining and procedural requirements, and that it contained the necessary provisions to be considered a genuinely negotiated agreement. The Commission was satisfied that the agreement had been negotiated in good faith, and that the parties had genuinely attempted to reach an agreement. The Commission also found that the agreement contained provisions that were fair and reasonable, and that it did not contain any provisions that were contrary to public policy.

As a result, the Commission approved the Visy Logistics Pty Limited Line Haul Drivers Enterprise Agreement 2018. The agreement will now be registered with the Fair Work Commission, and will apply to the relevant employees and employers. The parties are bound by the terms of the agreement, and any disputes arising under the agreement will be resolved in accordance with its provisions.

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