Visy Paper Pty Ltd

[2013] FWCA 4567

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Paper Pty Ltd
(AG2013/1643)

VISY RECYCLING (QUEENSLAND) ENTERPRISE AGREEMENT 2013

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 10 JULY 2013

Application for approval of the Visy Recycling (Queensland) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Visy Recycling (Queensland) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Visy Paper Pty Ltd. 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 as is relevant to this application for approval has been met.

[3] The Australian Workers’ Union and the Transport Workers’ Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2013. The nominal expiry date will be 16 July 2016.

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 (Queensland) Enterprise Agreement 2013. The application was opposed by the Australian Manufacturing Workers' Union (AMWU) who argued that the agreement did not adequately provide for the terms and conditions of employment of employees. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central issue before the Commission was whether the agreement was a "single interest" employer agreement and whether it met the "better off overall test" (BOOT) under the Fair Work Act. The AMWU contended that the agreement did not represent a single interest as it included terms for different classes of employees with varying interests and that it failed the BOOT as it did not provide employees with a direct financial advantage or a clear improvement in terms and conditions of employment.

The Commission found that the agreement was a single interest employer agreement as it was entered into by an employer with a genuine desire to avoid industrial action and to ensure the ongoing operation of its business. The Commission also found that the agreement met the BOOT as it provided for a number of improvements for employees, including higher wages, improved leave provisions and the establishment of a dispute resolution procedure. The Commission concluded that the agreement was in the best interests of the employees and approved the application for registration.

The Fair Work Commission approved the Visy Recycling (Queensland) Enterprise Agreement 2013 and registered it under the Fair Work Act. The AMWU's objections were dismissed, and the agreement was deemed to be a genuine attempt to avoid industrial action and to provide for the fair and reasonable terms and conditions of employment for employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established