DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Paper Pty Ltd T/A Visy Recycling
(AG2016/7197)

VISY RECYCLING ST. PETERS ENTERPRISE AGREEMENT 2016

Waste management industry
COMMISSIONER ROE	MELBOURNE, 9 JANUARY 2017

Application for approval of the Visy Recycling St. Peters Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Visy Recycling St. Peters Enterprise Agreement 2016 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 9 January 2017 and, in accordance with s.54, will operate from 16 January 2017. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Paper Pty Ltd, trading as Visy Recycling, applied for approval of the Visy Recycling St. Peters Enterprise Agreement 2016. The Fair Work Commission was tasked with assessing the agreement's compliance with the relevant industrial legislation. The dispute centred on whether the proposed agreement met the statutory requirements for approval, including provisions regarding employee entitlements, dispute resolution mechanisms, and procedural fairness.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms, the adequacy of the dispute resolution processes, and whether the agreement was made in good faith and without coercion. Additionally, the Commission needed to consider if the agreement was consistent with the broader framework of the Fair Work Act 2009.

The Commission found that the agreement provided for fair and reasonable terms, adequately addressed dispute resolution mechanisms, and was made without coercion. The Commission noted the parties' commitment to good faith bargaining and the inclusion of various protections for employees. The Commission approved the agreement, emphasising the importance of maintaining a balanced approach to the interests of both employers and employees.

The Commission's approval of the Visy Recycling St. Peters Enterprise Agreement 2016 marked the resolution of this particular dispute. The agreement was deemed compliant with the relevant industrial legislation, providing a framework for fair and reasonable terms 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