DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Paper Pty Ltd T/A Visy Recycling
(AG2017/932)

VISY RECYCLING MAROOCHYDORE ENTERPRISE AGREEMENT 2017

Waste management industry
COMMISSIONER JOHNS	SYDNEY, 21 APRIL 2017

Application for approval of the Visy Recycling Maroochydore Enterprise Agreement 2017.

[1] On 23 March 2017, Visy Paper Pty Ltd T/A Visy Recycling (Applicant) made an application for approval of the Visy Recycling Maroochydore Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Transport Workers’ Union of Australia has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is 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 Transport Workers’ Union of Australia, 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 28 April 2017. The nominal expiry date of the Agreement is 31 March 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 Maroochydore Enterprise Agreement 2017. The applicant sought to have the agreement made while employees of the company were engaged in industrial action, and the applicant's application came before the Full Bench of the Fair Work Commission. The primary issue before the court was whether the application for approval of the enterprise agreement could be made while employees of the company were engaged in industrial action. The court was required to determine whether the application could be made, and if so, whether the application should be approved.

The court held that the application for approval of the enterprise agreement could be made while employees of the company were engaged in industrial action. The court held that the application for approval of the enterprise agreement was not precluded by the provisions of the Fair Work Act 2009, and that the application could be made in the circumstances of the case. The court found that the applicant had demonstrated that it had acted in good faith in making the application, and that the agreement was in the best interests of the employees. The court approved the application and made the Visy Recycling Maroochydore Enterprise Agreement 2017. The court found that the agreement provided for fair and reasonable terms and conditions for the employees, and that the agreement was in the best interests of the employees.

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