Visy Paper Pty Ltd T/A Visy Recycling

[2019] FWCA 4724

[2019] FWCA 4724

FAIR WORK COMMISSION

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

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