Visy Paper Pty Ltd T/A Visy Paper Pty Ltd

[2022] FWCA 3424

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Visy Paper Pty Ltd T/A Visy Paper Pty Ltd

(AG2022/3826)

Timber and paper products industry
COMMISSIONER HUNT	BRISBANE, 5 OCTOBER 2022

Application for approval of the Visy Paper 8 - Gibson Island Enterprise Agreement 2021

Visy Paper Pty Ltd T/A Visy Paper Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Visy Paper 8 - Gibson Island Enterprise Agreement 2021 (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.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and the Australian Workers’ Union (AWU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.

I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The CFMMEU and AWU being bargaining representatives for the Agreement have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the CFMMEU and AWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 October 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Visy Paper Pty Ltd T/A Visy Paper Pty Ltd sought approval from the Fair Work Commission for a single-enterprise agreement, the Visy Paper 8 - Gibson Island Enterprise Agreement 2021, under section 185 of the Fair Work Act 2009. The Fair Work Commission raised concerns about the agreement and, following discussions with the employer, accepted the employer's written undertakings. The Commission sought the views of the Construction, Forestry, Maritime, Mining and Energy Union and the Australian Workers' Union regarding the undertakings. Both unions have given notice that they want the agreement to cover them. The Commission is satisfied that the requirements of the Act have been met, and the agreement is approved to operate from 12 October 2022 until 30 June 2024.

The Fair Work Commission was required to consider whether the agreement met the requirements of the Fair Work Act 2009, including whether the agreement was fairly chosen and whether it would cause financial detriment to any employee. The Commission also had to consider whether the agreement met the requirements of sections 186, 187, 188, and 190 of the Act. The Commission sought the views of the relevant unions regarding the employer's undertakings and determined that the undertakings would not cause financial detriment to any employee or result in substantial changes to the agreement.

The Fair Work Commission accepted the employer's written undertakings and determined that the requirements of the Act had been met. The Commission was satisfied that the group of employees was fairly chosen, and the agreement covers the relevant unions. The Commission approved the agreement, which will operate from 12 October 2022 until 30 June 2024. The undertakings are taken to be a term of the agreement. The Fair Work Commission's decision is based on the material filed in the Commission and the relevant provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established