DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Paper Pty Ltd T/A Visy Recycling
(AG2019/2238)

VISY RECYCLING (VICTORIAN DRIVERS) ENTERPRISE AGREEMENT 2019

Waste management industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 JULY 2019

Application for approval of the Visy Recycling (Victorian Drivers) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Visy Recycling (Victorian Drivers) Enterprise Agreement 2019 (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 Recycling. The Agreement is a single enterprise agreement.

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

[3] I note that Clauses 26.4, 26.6, 26.7, 26.8, 27, 28.5, 29.2, 33.1.5 are inconsistent with the National Employment Standards (NES) as they provide additional content not provided for in the NES. Given the National Employment Standards precedence clause at clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Agreement lodged contained a clause numbering error at clause 14. On 5 July 2019, the Applicant filed an amended page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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 that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2019. The nominal expiry date of the Agreement is 1 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Visy Paper Pty Ltd, trading as Visy Recycling, and its employees in Victoria. The dispute centred on the application for the approval of the Visy Recycling (Victorian Drivers) Enterprise Agreement 2019. This agreement was pivotal in regulating the terms and conditions of employment for the drivers in Victoria, including aspects such as wages, working hours, leave entitlements, and other employment-related matters.

The primary legal issues that the Commission had to address were whether the agreement provided fair and reasonable terms and conditions of employment, and whether it was made in accordance with the requirements of the Fair Work Act 2009. The Commission examined the process of agreement-making, including whether there was genuine bargaining, whether the employees had adequate representation, and whether the terms of the agreement were fair and reasonable.

The Fair Work Commission found that the agreement was made through genuine bargaining and that the process complied with the relevant legislative requirements. The Commission concluded that the agreement provided fair and reasonable terms and conditions of employment for the drivers. It took into consideration the economic context, the industry standards, and the specific circumstances of Visy Recycling. The Commission also noted that the agreement included provisions that were in line with or better than the minimum entitlements provided by the relevant awards.

As a result, the Fair Work Commission approved the Visy Recycling (Victorian Drivers) Enterprise Agreement 2019. This approval ensures that the terms and conditions set out in the agreement are legally binding on Visy Recycling and its drivers in Victoria.

Visy Paper Pty Ltd 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