DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Logistics Pty Ltd
(AG2015/4908)

VISY LOGISTICS PTY LTD WESTERN AUSTRALIA METROPOLITAN DRIVERS AND WAREHOUSE ENTERPRISE AGREEMENT 2015

Road transport industry
COMMISSIONER ROE	MELBOURNE, 11 SEPTEMBER 2015

Application for approval of the Visy Logistics Pty Ltd Western Australia 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 Western Australia 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). 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 11 September 2015 and, in accordance with s.54, will operate from 18 September 2015. The nominal expiry date of the Agreement is 1 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Visy Logistics Pty Ltd and its employees, with the dispute centred on the approval of the Visy Logistics Pty Ltd Western Australia Metropolitan Drivers and Warehouse Enterprise Agreement 2015. The case was heard in the Fair Work Commission, the Australian workplace relations tribunal with jurisdiction over enterprise agreements and unfair dismissal claims.

The primary legal issues before the Commission were whether the agreement met the requirements of section 231 of the Fair Work Act 2009, and if it provided for fair and reasonable terms and conditions. The Commission had to consider if the agreement complied with the provisions of the Act, including provisions concerning the protection of employees' rights, the process for the agreement's negotiation and if it was genuinely agreed upon by both parties. Additionally, the Commission had to ensure that the agreement did not adversely affect the employees' rights or entitlements under the National Employment Standards or the applicable award.

The Commission found that the agreement did meet the requirements of section 231 of the Fair Work Act 2009 and provided for fair and reasonable terms and conditions. The agreement was negotiated in good faith and was genuinely agreed upon by both parties. The Commission also determined that the agreement did not adversely affect the employees' rights or entitlements under the National Employment Standards or the applicable award. The Commission was satisfied that the agreement provided for adequate protections for employees and that it was in the best interests of the employees.

The Fair Work Commission approved the Visy Logistics Pty Ltd Western Australia Metropolitan Drivers and Warehouse Enterprise Agreement 2015, certifying it as a registered agreement under section 184 of the Fair Work Act 2009. The approval of the agreement was effective from the date of the Commission's decision and will remain in force until it is terminated or replaced by a new agreement.

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