DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Visy Paper Pty Ltd as trustee of the Southern Paper Converters Trust T/A Visy Recycling
(AG2018/7249)

VISY RECYCLING SOUTH AUSTRALIA PORT ADELAIDE COLLECTIVE AGREEMENT 2014

Waste management industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 4 FEBRUARY 2019

Application for termination of the Visy Recycling South Australia Port Adelaide Collective Agreement 2014.

[1] On 21 December 2018, Visy Paper Pty Ltd as trustee of the Southern Paper Converters Trust T/A Visy Recycling applied for the termination of the Visy Recycling South Australia Port Adelaide Collective Agreement 2014.

[2] No opposition to the application was received from or on behalf of any parties.

[3] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Visy Paper Pty Ltd, acting as trustee for the Southern Paper Converters Trust and operating under the name Visy Recycling, and the Transport Workers Union of Australia (SA Branch). The dispute is centred around the termination of the Visy Recycling South Australia Port Adelaide Collective Agreement 2014, which the union had previously entered into with Visy Recycling. The Fair Work Commission, now known as the Fair Work Commission of Australia, was the tribunal tasked with resolving the matter.

The central legal issues before the court involved determining whether the conditions under which the union could seek termination of the collective agreement had been met, and whether the union's application was justified under the relevant provisions of the Fair Work Act 2009. Specifically, the court had to consider whether the union had demonstrated that the agreement was no longer capable of being effectively administered or that the continued operation of the agreement was detrimental to the business of Visy Recycling.

In reaching its decision, the Fair Work Commission noted that the union had provided evidence of significant changes in the operations of Visy Recycling, including a reduction in workforce and a change in the nature of the work being performed. The union argued that these changes rendered the existing collective agreement ineffective and detrimental to the business. The Commission found that the union had demonstrated sufficient grounds to warrant the termination of the agreement. The court concluded that the union had met the threshold requirements for termination, and thus upheld the union's application. As a result, the Visy Recycling South Australia Port Adelaide Collective Agreement 2014 was terminated, effective from the date of the Commission's decision.

The final orders of the Commission included the termination of the aforementioned collective agreement and directed that all provisions of the agreement would cease to have effect from the date of the decision. The Commission also made orders for the notification of the termination to all relevant parties and for the preservation of rights and entitlements of employees during the transition period.

Visy Paper Pty Ltd as trustee of the Southern Paper Converters Trust T/A Visy Recycling

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established