Visy Paper Pty Ltd T/A Visy Recycling

[2018] FWCA 5821

[2018] FWCA 5821

FAIR WORK COMMISSION

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

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Annexure A