DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Logistics Pty Ltd T/A Visy Logistics
(AG2019/3851)

VISY LOGISTICS PTY LTD WESTERN AUSTRALIA METROPOLITAN DRIVERS AND WAREHOUSE ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER WILLIAMS	PERTH, 6 NOVEMBER 2019

Application for approval of the Visy Logistics Pty Ltd Western Australia Metropolitan Drivers and Warehouse Enterprise Agreement 2018.

[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 2018 (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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 November 2019. The nominal expiry date of the Agreement is 1 October 2021.

Printed by authority of the Commonwealth Government Printer

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 Western Australia Metropolitan Drivers and Warehouse Enterprise Agreement 2018. The parties to the agreement were the employer, Visy Logistics, and the employees' representative, the Transport Workers Union of Australia. The dispute centred around whether the proposed agreement complied with the requirements of the Fair Work Act 2009.

The legal issues before the Fair Work Commission were whether the agreement was a genuine enterprise agreement, met the good faith bargaining criteria, and provided adequate protections for employees. Specifically, the Commission had to consider if the agreement's provisions were consistent with the Fair Work Act and if they provided a safety net of minimum entitlements for the employees.

The Fair Work Commission determined that the agreement was a genuine enterprise agreement, having been made in good faith and meeting the statutory requirements. The Commission found that the parties had engaged in genuine bargaining and that the agreement provided for a safety net of minimum entitlements. The Commission also noted that the agreement included provisions for employee representation, dispute resolution, and the protection of employee rights. Consequently, the Fair Work Commission approved the agreement, confirming its compliance with the legislative framework.

The Fair Work Commission's final orders were that the Visy Logistics Pty Ltd Western Australia Metropolitan Drivers and Warehouse Enterprise Agreement 2018 be approved and registered. This decision was made on the basis that the agreement met the statutory criteria and provided for a fair and reasonable safety net for the employees involved.

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