Visy Paper Pty Ltd Summary

[2014] FWCA 494

FAIR WORK COMMISSION

DECISION

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

Visy Paper Pty Ltd
(AG2014/3)

VISY PAPER 8 - GIBSON ISLAND ENTERPRISE AGREEMENT 2013

Timber and paper products industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 21 JANUARY 2014

Application for approval of the Visy Paper 8 - Gibson Island Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Visy Paper 8 - Gibson Island Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 28 January 2014. The nominal expiry date of the Agreement is 28 January 2018.

DEPUTY PRESIDENT

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 Paper 8 - Gibson Island Enterprise Agreement 2013. The application was contested by the Australian Manufacturing Workers' Union. The primary dispute centred around the terms and conditions set out in the proposed enterprise agreement and whether they complied with the relevant legislative framework. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved examining the agreement for compliance with the mandatory provisions and assessing whether it had been negotiated in good faith and whether it provided for a proper process for resolving disputes.

The legal issues before the Commission included whether the agreement adequately addressed minimum entitlements, whether the provisions for dispute resolution were sufficient, and whether the agreement had been negotiated in good faith. The Commission also considered whether the agreement provided for appropriate mechanisms to protect the rights of employees, particularly in the context of the changes proposed to the existing conditions of employment. The Commission's analysis involved a detailed review of the agreement's provisions against the statutory requirements and case law precedents. The Commission was required to balance the rights of the employer to manage its business with the protections afforded to employees under the Act.

After thorough consideration, the Commission found that the Visy Paper 8 - Gibson Island Enterprise Agreement 2013 complied with the mandatory provisions of the Fair Work Act 2009. The agreement was deemed to have been negotiated in good faith, and the provisions for dispute resolution were considered adequate. The Commission concluded that the agreement provided sufficient protections for employees and met the necessary criteria for approval. The application was therefore approved, allowing the enterprise agreement to come into effect. The Commission's decision was based on a detailed examination of the agreement's terms and a careful assessment of the evidence presented by both parties.

Visy Paper Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established