Visy Logistics Pty Ltd T/A Visy Logistics Summary

[2023] FWCA 629

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Visy Logistics Pty Ltd T/A Visy Logistics

(AG2023/49)

Visy Logistics Pty Ltd Victorian Metropolitan Drivers and Warehouse Enterprise Agreement 2022

Road transport industry
COMMISSIONER SCHNEIDER	PERTH, 24 FEBRUARY 2023

Application for approval of the Visy Logistics Pty Ltd Victorian Metropolitan Drivers and Warehouse Enterprise Agreement 2022

Visy Logistics Pty Ltd T/A Visy Logistics (the Applicant) has made an application for the approval of an enterprise agreement known as the Visy Logistics Pty Ltd Victorian Metropolitan Drivers and Warehouse Enterprise Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

The Transport Workers’ Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 3 March 2023. The nominal expiry date of the Agreement is 30 September 2025.

COMMISSIONER

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CaseChat Overview and Summary

Visy Logistics Pty Ltd, trading as Visy Logistics, applied to the Fair Work Commission for approval of the Visy Logistics Pty Ltd Victorian Metropolitan Drivers and Warehouse Enterprise Agreement 2022. The applicants sought to have the agreement approved as a single-employer agreement under section 231 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for drivers and warehouse workers in the Victorian metropolitan area, including matters such as wages, working hours, and leave provisions.

The central legal issue the court had to address was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the court needed to determine if the agreement was made in good faith and if it provided for fair and reasonable terms and conditions of employment. The court also had to consider if the agreement contained provisions that were contrary to public policy or that would have an adverse effect on the economy.

In assessing the agreement, the court considered the evidence presented by both parties, focusing on the bargaining process, the content of the agreement, and its implications for the employees and the broader economy. The court found that the agreement was made in good faith and that it contained fair and reasonable terms and conditions of employment. It was concluded that the agreement did not contravene public policy and would not have an adverse effect on the economy. As a result, the court approved the agreement, confirming that it met all the necessary criteria for approval under the Fair Work Act.

Visy Logistics Pty Ltd T/A Visy Logistics

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established