DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Paper Pty Ltd T/A Visy Paper
(AG2018/7037)

VISY RECYCLING – NSW AND ACT OPERATIONS ENTERPRISE AGREEMENT 2018.

Waste management industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 8 JULY 2019

Application for approval of the Visy Recycling - NSW and ACT Operations Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Visy Recycling - NSW and ACT Operations Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Visy Paper Pty Ltd T/A Visy Paper. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 2019. The nominal expiry date of the Agreement is 30 November 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, applied to the Fair Work Commission for approval of the Visy Recycling - NSW and ACT Operations Enterprise Agreement 2018. The dispute centred on whether the agreement was appropriate for endorsement under the Fair Work Act 2009. The application was heard in the Fair Work Commission, which holds jurisdiction over matters involving the approval of enterprise agreements.

The primary legal issue before the Commission was whether the agreement met the criteria for endorsement under section 231 of the Fair Work Act. This required the Commission to assess if the agreement provided for terms and conditions that were, amongst other things, clear and easily understood, fair, and if it was made in good faith. Furthermore, the Commission had to determine if the agreement satisfied the requirement of being free from coercion and undue influence.

In making its determination, the Commission considered the process by which the agreement was negotiated, the level of employee participation, and the extent to which the agreement addressed the needs of the workforce. It also examined if the agreement contained terms that were consistent with the Fair Work Act's objectives of providing for a safety net of minimum entitlements and facilitating flexibility in the workplace. The Commission concluded that the agreement met the statutory requirements and was fair and reasonable. The Commission approved the agreement, finding that it was made in good faith and was free from any element of coercion or undue influence.

The Fair Work Commission's final order was to approve the Visy Recycling - NSW and ACT Operations Enterprise Agreement 2018, thereby endorsing it under section 186 of the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions, met the criteria for endorsement, and was consistent with the objectives of the Act.

Visy Paper Pty Ltd T/A Visy Paper

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established