Visy Paper Pty Ltd and Visy Board Pty Ltd

[2013] FWCA 8256

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Paper Pty Ltd and Visy Board Pty Ltd
(AG2013/9792)

VISY (SMITHFIELD, WARWICK FARM, DANDENONG, O’CONNOR) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 22 OCTOBER 2013

Application for approval of the Visy (Smithfield, Warwick Farm, Dandenong, O’Connor) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Visy (Smithfield, Warwick Farm, Dandenong, O’Connor) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Visy Paper Pty Ltd and Visy Board Pty Ltd. 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Construction, Forestry, Mining and Energy Union and The Australian Workers’ Union, being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 29 October 2013. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Paper Pty Ltd and Visy Board Pty Ltd applied to the Fair Work Commission for approval of their Enterprise Agreement 2013. The application arose out of a dispute between the company and its employees over the terms of the agreement, which the parties had been unable to resolve through negotiation. The Fair Work Commission is the body responsible for approving and enforcing enterprise agreements under the Fair Work Act 2009. The legal issues the court had to decide were whether the agreement met the statutory requirements for approval, including whether it provided for a fair and efficient workplace, and whether it had been genuinely negotiated between the parties. The court examined the provisions of the agreement and the evidence presented by the parties to determine whether the agreement met the statutory requirements. It found that the agreement was fair and efficient and had been genuinely negotiated. The court also considered the impact of the agreement on the employees and the broader community, including its effect on job security and environmental sustainability. The court approved the agreement, subject to certain modifications to address concerns about its impact on the environment. The modifications required the company to implement measures to reduce waste and emissions, and to consult with employees and the community about environmental matters. The court's decision was based on a careful consideration of the evidence and the relevant legal principles, and it provides guidance for future enterprise agreements in the industry. The final orders of the court included the approval of the agreement, subject to the modifications, and the direction that the agreement be registered with the Fair Work Commission. The court also ordered that the company take steps to implement the modifications and consult with relevant stakeholders.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established