DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Paper Pty Ltd
(AG2017/2303)

VISY PAPER 8 - GIBSON ISLAND ENTERPRISE AGREEMENT 2017

Timber and paper products industry
COMMISSIONER GREGORY	MELBOURNE, 21 JULY 2017

Application for approval of the Visy Paper 8 - Gibson Island Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Visy Paper 8 – Gibson Island Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Visy Paper Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] The Australia Workers’ Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 2017. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Visy Paper Pty Ltd applied to the Fair Work Commission for approval of the Visy Paper 8 - Gibson Island Enterprise Agreement 2017. The respondents, the Australian Manufacturing Workers' Union and the Australian Workers' Union, opposed the application on the grounds that the agreement did not meet the requirements of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement was a lawful enterprise agreement and whether it complied with the requirements of the Fair Work Act.

The Commission found that the agreement was a lawful enterprise agreement as it was made by the employer and the relevant unions. However, the Commission found that the agreement did not comply with the requirements of section 234 of the Fair Work Act as it failed to provide for the process for resolving disputes between the employer and employees. The Commission also found that the agreement did not meet the requirement of section 235 of the Fair Work Act as it did not provide for the process for making variations to the agreement. The Commission ultimately approved the agreement, finding that the defects were minor and did not significantly affect the operation of the agreement.

The Fair Work Commission approved the Visy Paper 8 - Gibson Island Enterprise Agreement 2017, subject to the employer taking steps to remedy the defects identified by the Commission. The employer was required to implement a dispute resolution process and a variation process within six months of the approval order. The unions were required to provide the employer with a draft dispute resolution and variation process within two months of the approval order. The approval order also included provisions for the monitoring and reporting of the implementation of the dispute resolution and variation process.

Visy Paper Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established