DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Paper Pty Ltd T/A Visy Recycling
(AG2018/2339)

VISY RECYCLING (BANYULE) ENTERPRISE AGREEMENT 2018

Waste management industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 SEPTEMBER 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Visy Recycling (Banyule) 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] The Employer has provided written undertakings. 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] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• clause 20 of the Agreement – public holiday falling in a period of annual leave; and

• clause 22 of the Agreement – compassionate leave.

However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Agreement was approved on 17 September 2018 and, in accordance with s.54, will operate from 24 September 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Visy Paper Pty Ltd, trading as Visy Recycling, sought approval of the Visy Recycling (Banyule) Enterprise Agreement 2018 in the Fair Work Commission. The matter concerned a dispute over the terms and conditions of employment for employees within the Banyule region of Visy Recycling. The company aimed to implement changes to the existing agreements, which were subject to negotiation and potential approval by the Commission.

The central legal issues revolved around whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, particularly whether the agreement was "better off overall" for the employees. The application also needed to satisfy procedural fairness, including proper consultation with employees and their representatives. The Commission examined if the agreement contained all the mandated terms and conditions and if it was free from any prohibited content.

The Commission found that the proposed agreement complied with the legislative requirements. It concluded that the agreement was fair and reasonable, ensuring the employees were better off overall. The Commission also determined that Visy Recycling had fulfilled its obligations regarding consultation and negotiation processes. The application was thus approved, with the agreement set to take effect from the specified date.

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