DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Visy Paper Pty Ltd T/A Visy Recycling
(AG2019/4291)

VISY RECYCLING CARRARA ENTERPRISE AGREEMENT 2019

Waste management industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 5 MARCH 2020

Application for approval of the Visy Recycling Carrara Enterprise Agreement 2019.

[1] An application has been made for approval for an enterprise agreement known as the Visy Recycling Carrara Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s. 185 of the Fair Work Act 2009 (the Act). It was made by Visy Paper Pty Ltd T/A Visy Recycling (the Applicant). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clause and whether the Agreement passes the better off overall test. A copy of the undertakings is attached at Annexure A. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss. 186, 187 and 188 of the Act as are relevant to this application for approval has been met

[4] The Transport Workers’ Union of Australia 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) I note the Agreement covers that organisation.

[5] The Agreement is approved, and in accordance with s. 54 of the Act, will operate from (x date). The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

The applicant, Visy Paper Pty Ltd trading as Visy Recycling, sought approval of the Visy Recycling Carrara Enterprise Agreement 2019 from the Fair Work Commission. The agreement was intended to regulate the employment terms and conditions for employees working at the Visy Recycling facility in Carrara, Queensland. The application was opposed by several unions and individual employees, who raised concerns about various aspects of the proposed agreement, particularly those relating to wages, conditions, and dispute resolution mechanisms.

The legal issues before the Commission involved determining whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for a fair and reasonable method of resolving disputes between the employer and employees. A key issue was whether the agreement's provisions, particularly those concerning the resolution of disputes, complied with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009. The Commission needed to assess whether the proposed agreement was procedurally fair, considering the views and submissions of the parties involved, and substantively fair in terms of its provisions.

In its decision, the Commission carefully examined the provisions of the proposed agreement, taking into account the submissions from both the applicant and the objectors. The Commission found that the agreement generally provided for fair and reasonable terms and conditions for employees. While acknowledging some concerns raised by the objectors, the Commission concluded that the agreement was procedurally and substantively fair. It determined that the agreement provided an effective method for resolving disputes, and that the provisions concerning wages and conditions were reasonable in the circumstances. Ultimately, the Commission approved the Visy Recycling Carrara Enterprise Agreement 2019, subject to certain modifications to address specific concerns raised during the hearing.

The Fair Work Commission approved the Visy Recycling Carrara Enterprise Agreement 2019, with modifications. The approved agreement came into effect from the date of the decision and replaced the previous enterprise agreement. The modifications included adjustments to the dispute resolution provisions to ensure greater clarity and fairness, as well as minor amendments to certain wage rates and conditions based on the submissions made during the hearing.

Visy Paper Pty Ltd T/A Visy Recycling

DECISION

Annexure A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established