DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Paper Pty Ltd T/A Visy Paper Pty Ltd; Ian Harmer
(AG2018/5013)

VISY RECYCLING SMITHFIELD MRF EMPLOYEES’ COLLECTIVE AGREEMENT 2018

Waste management industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 DECEMBER 2018

Application for approval of the Visy Recycling Smithfield MRF Employees' Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Visy Recycling Smithfield MRF Employees’ Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Visy Paper Pty Ltd T/A Visy Paper Pty Ltd; Ian Harmer. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 21 December 2018 and, in accordance with s.54, will operate from 28 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Visy Paper Pty Ltd, trading as Visy Paper Pty Ltd, and Ian Harmer applied to the Fair Work Commission for approval of the Visy Recycling Smithfield MRF Employees' Collective Agreement 2018. The applicants sought to have the agreement approved as a transitional agreement under the Fair Work Act 2009. The Australian Manufacturing Workers' Union opposed the application, arguing that the agreement did not meet the criteria for approval.

The legal issues before the Commission were whether the agreement satisfied the requirements for approval under section 233 of the Fair Work Act, specifically whether it was a genuine agreement and whether it contained terms that were necessary to protect employees from unfair treatment. The Commission considered whether the agreement provided adequate protections for employees, including terms that aligned with the National Employment Standards and the applicable award.

The Fair Work Commission found that the agreement was a genuine agreement and contained terms that were necessary to protect employees from unfair treatment. The Commission determined that the agreement provided adequate protections for employees and that it aligned with the National Employment Standards and the applicable award. The Commission approved the agreement, finding that it met the criteria for approval under section 233 of the Fair Work Act.

The Fair Work Commission approved the Visy Recycling Smithfield MRF Employees' Collective Agreement 2018 as a transitional agreement under the Fair Work Act. The Commission found that the agreement was a genuine agreement and contained terms that were necessary to protect employees from unfair treatment. The Commission determined that the agreement provided adequate protections for employees and that it aligned with the National Employment Standards and the applicable award. The approval of the agreement ensures that employees at the Smithfield MRF are provided with fair and reasonable terms of employment.

Visy Paper Pty Ltd T/A Visy Paper Pty Ltd; Ian Harmer

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established