Visy Paper Pty Ltd

[2014] FWCA 4807

FAIR WORK COMMISSION

DECISION

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

Visy Paper Pty Ltd
(AG2014/1622)

VISY RECYCLING MAROOCHYDORE ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER RIORDAN	SYDNEY, 22 JULY 2014

Application for approval of the Visy Recycling Maroochydore Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Visy Recycling Maroochydore Enterprise Agreement 2014 (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 Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] Fair Work Commission received correspondence dated 14 July 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Factory Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Transport Workers’ Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Paper Pty Ltd applied to the Fair Work Commission for approval of the Visy Recycling Maroochydore Enterprise Agreement 2014. The application was brought before the Commission to determine if the agreement met the necessary requirements under the Fair Work Act 2009. The legal issues centred on whether the agreement was made in good faith, if it contained the necessary minimum terms and conditions, and if it had been properly negotiated.

The Commission examined the process through which the agreement was negotiated and concluded that it was made in good faith. It found that the agreement contained all the minimum terms and conditions required by the Fair Work Act, including provisions for wages, hours of work, and other employment conditions. The Commission also assessed whether the agreement provided for proper consultation and if it was fair and reasonable in the context of the bargaining process. It was satisfied that the agreement met these criteria.

Accordingly, the Commission approved the Visy Recycling Maroochydore Enterprise Agreement 2014. The decision emphasised the importance of good faith bargaining and compliance with statutory requirements in the formation of enterprise agreements. The approval ensures that the terms of the agreement will apply to the employees covered by it, providing a framework for their employment conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established