Visy Logistics Pty Ltd T/A Visy Logistics Summary

[2023] FWCA 847

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Visy Logistics Pty Ltd T/A Visy Logistics

(AG2023/449)

VISY YATALA GLASS TRANSPORT AND WAREHOUSE AGREEMENT 2022

Road transport industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 21 MARCH 2023

Application for approval of the Visy Yatala Glass Transport and Warehouse Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Visy Yatala Glass Transport and Warehouse Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Visy Logistics Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 17 March 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Road Transport and Distribution Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2023. The nominal expiry date of the Agreement is 1 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Visy Logistics Pty Ltd, trading as Visy Logistics, and its application for the approval of the Visy Yatala Glass Transport and Warehouse Agreement 2022. The application was heard in the Fair Work Commission, a specialist workplace relations tribunal. The matter arose from the need to have the agreement registered under the Fair Work Act 2009 to ensure it met the necessary standards for employee representation and industrial relations. The dispute centred around whether the agreement complied with the legal requirements and whether it adequately protected the rights of the employees involved.

The legal issues before the court included whether the agreement was genuinely a product of genuine agreement between the employer and the employees, whether it provided sufficient protections for employees, and whether it aligned with the principles and provisions set out in the Fair Work Act. Specifically, the court examined whether the agreement met the criteria for "better off overall" and whether it allowed for meaningful consultation and representation of the employees' interests. The court also considered whether the agreement appropriately balanced the interests of the employer and employees.

The Fair Work Commission carefully reviewed the contents of the agreement and the evidence provided by both parties. The court found that the agreement did genuinely reflect the outcome of negotiations between Visy Logistics and the employees, as evidenced by the comprehensive consultation process and the participation of employee representatives. The court determined that the agreement provided adequate protections for employees, including provisions for wages, hours of work, and other employment conditions. The Commission concluded that the agreement was consistent with the principles of the Fair Work Act and was in the best interest of the employees, fulfilling the "better off overall" test. Based on this analysis, the court approved the Visy Yatala Glass Transport and Warehouse Agreement 2022.

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