Visy Logistics Pty Ltd T/A Visy Logistics

[2022] FWCA 2737

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Visy Logistics Pty Ltd T/A Visy Logistics

(AG2022/2125)

Application for approval of the Visy Logistics Pty Ltd NSW Metropolitan Drivers and Warehouse Enterprise Agreement 2021

Road transport industry
COMMISSIONER WILLIAMS	PERTH, 12 AUGUST 2022

Application for approval of the Visy Logistics Pty Ltd NSW Metropolitan Drivers and Warehouse Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Visy Logistics Pty Ltd NSW Metropolitan Drivers and Warehouse Enterprise Agreement 2021. 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 19 August 2022. The nominal expiry date of the Agreement is 8 April 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Logistics Pty Ltd, trading as Visy Logistics, sought approval of the Visy Logistics Pty Ltd NSW Metropolitan Drivers and Warehouse Enterprise Agreement 2021 in the Fair Work Commission. The application involved the terms and conditions of employment for drivers and warehouse workers employed in the metropolitan area of New South Wales. The primary dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009, including the requirement that the agreement be certified as "bargained genuinely" and that it complied with the "better off overall test."

The court had to determine if the agreement genuinely reflected the result of genuine bargaining and if it met the "better off overall test." This test requires that the agreement must be at least as good as the relevant award or existing enterprise agreement for employees covered by the agreement. The court examined the bargaining process, the terms of the agreement, and the impact of the agreement on the employees' overall conditions of employment.

The Fair Work Commission found that the agreement was genuinely bargained and met the "better off overall test." The Commission was satisfied that the bargaining process was free from any undue influence or coercion. The terms of the agreement were considered to be fair and reasonable, providing employees with protections and benefits that were at least as good as, if not better than, those provided by the relevant award or existing agreements. The Commission approved the Visy Logistics Pty Ltd NSW Metropolitan Drivers and Warehouse Enterprise Agreement 2021.

In approving the agreement, the Fair Work Commission noted that it would provide a stable and predictable workplace environment, contributing to better industrial relations between the parties. The Commission emphasised the importance of such agreements in promoting fair and effective workplace relations. The final orders included the approval of the enterprise agreement, which would now apply to the specified employees in the metropolitan area of New South Wales.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established