Visy Logistics Pty Ltd T/A Visy Logistics Summary

[2022] FWCA 3245

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Visy Logistics Pty Ltd T/A Visy Logistics

(AG2022/3396)

Visy Logistics Pty Ltd Western Australia Metropolitan Drivers and Warehouse Enterprise Agreement 2022

Road transport industry
COMMISSIONER WILLIAMS	PERTH, 16 SEPTEMBER 2022

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

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 2022 (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 T/A Visy Logistics. The Agreement is a single enterprise agreement.

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 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2022. The nominal expiry date of the Agreement is 1 October 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Visy Logistics Pty Ltd, trading as Visy Logistics, applied for approval of the Visy Logistics Pty Ltd Western Australia Metropolitan Drivers and Warehouse Enterprise Agreement 2022. The application followed negotiations between Visy Logistics and the relevant trade union. The dispute centred on whether the terms and conditions of the agreement were fair and reasonable, and whether it complied with the applicable legislative requirements.

The legal issues before the court were whether the agreement appropriately balanced the interests of both parties, provided adequate protections for employees, and adhered to the relevant statutory provisions. The court had to consider various aspects, including wage rates, working conditions, dispute resolution mechanisms, and other employment terms. Additionally, the court had to assess if the agreement was negotiated in good faith and if it met the requirements for being a "single, clear and effective" agreement.

The court evaluated the evidence and submissions from both parties and examined the contents of the agreement in detail. The court found that the agreement was fair and reasonable, considering the economic and operational context in which it was negotiated. The terms provided adequate protections for employees while also being reasonable for Visy Logistics. The court determined that the agreement was negotiated in good faith and complied with all statutory requirements. Consequently, the court approved the agreement.

The Fair Work Commission approved the Visy Logistics Pty Ltd Western Australia Metropolitan Drivers and Warehouse Enterprise Agreement 2022, finding it to be fair and reasonable and in compliance with the relevant legislation. The agreement is now legally binding on the parties involved.

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