DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Visy Logistics Pty Ltd T/A Visy Logistics
(AG2019/4000)

VISY LOGISTICS PTY LTD NSW METROPOLITAN DRIVERS AND WAREHOUSE ENTERPRISE AGREEMENT 2019

Road transport industry
COMMISSIONER WILLIAMS	PERTH, 21 NOVEMBER 2019

Application for approval of the Visy Logistics Pty Ltd NSW Metropolitan Drivers and Warehouse Enterprise Agreement 2019.

[1] 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 2019 (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.

[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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2019. The nominal expiry date of the Agreement is 8 April 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Visy Logistics Pty Ltd trading as Visy Logistics, applied to the Fair Work Commission for approval of the Visy Logistics Pty Ltd NSW Metropolitan Drivers and Warehouse Enterprise Agreement 2019. The application was contested by the Transport Workers Union of Australia. The dispute centred on whether the proposed enterprise agreement contained appropriate provisions for the protection of employee interests, particularly concerning shift patterns, penalty rates, and other employment conditions.

The legal issues before the court were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in terms of procedural fairness and the protection of employee rights. Key points of contention included the adequacy of provisions related to shift patterns and penalty rates, and whether these provisions met the "better off overall test" as required by the Fair Work Act.

The court considered the evidence and submissions from both parties, focusing on whether the proposed agreement provided fair and reasonable terms for employees. The court examined the specific clauses of the agreement and assessed their impact on employee conditions. Ultimately, the court found that the proposed agreement met the necessary legal standards, including the better off overall test, and was therefore approved.

The final orders of the court were that the Visy Logistics Pty Ltd NSW Metropolitan Drivers and Warehouse Enterprise Agreement 2019 be approved as a registered agreement under the Fair Work Act 2009. The approval took effect from the date of the decision, ensuring that the agreement would govern the employment conditions of the relevant employees.

Visy Logistics Pty Ltd T/A Visy Logistics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established