DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Paper Pty Ltd T/A Visy Recycling
(AG2018/3068)

VISY RECYCLING (SPRINGVALE) ENTERPRISE AGREEMENT 2018

Waste management industry
COMMISSIONER MCKINNON	MELBOURNE, 17 OCTOBER 2018

Application for approval of the Visy Recycling (Springvale) Enterprise Agreement 2018.

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

[2] Written undertakings have been given in accordance with s.190. 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, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union 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 24 October 2018. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Visy Paper Pty Ltd trading as Visy Recycling, applied to the Fair Work Commission for approval of the Visy Recycling (Springvale) Enterprise Agreement 2018. The application was made under the Fair Work Act 2009. The application was opposed by a union, the Transport Workers Union of Australia. The nature of the dispute was whether the agreement met the requirements for "better off overall" and "in the national system" as outlined in the Act. The Commission was required to determine whether the proposed terms and conditions of employment in the agreement were fair and reasonable, and whether they provided employees with outcomes that were better off overall than the applicable award or previous agreement. The Commission also had to decide whether the agreement complied with the national system of industrial determination.

The court examined the various provisions of the agreement, including wages, penalty rates, leave entitlements, and other conditions of employment. The court assessed whether the proposed changes in the agreement provided employees with better overall outcomes than the existing arrangements. The court also considered the views of the parties and any relevant evidence provided. In reaching its decision, the court applied the statutory criteria set out in the Fair Work Act and took into account the principles of good faith bargaining and the promotion of economic and social objectives. The court found that the proposed agreement met the requirements for "better off overall" and "in the national system".

The court approved the Visy Recycling (Springvale) Enterprise Agreement 2018, finding that it provided employees with better overall outcomes and complied with the national system of industrial determination. The court noted that the agreement included improved wages, penalty rates, and leave entitlements, as well as other benefits for employees. The court was satisfied that the agreement had been negotiated in good faith and promoted the objectives of the national system. The court's decision was based on a detailed analysis of the provisions of the agreement and the evidence provided by the parties. The court's approval of the agreement ensures that employees in the Springvale facility of Visy Recycling will benefit from improved terms and conditions of employment.

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