DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Visy Paper Pty Ltd T/A Visy Recycling
(AG2016/5266)

VISY RECYCLING (QUEENSLAND) ENTERPRISE AGREEMENT 2016

Waste management industry
COMMISSIONER SPENCER	BRISBANE, 9 SEPTEMBER 2016

Application for approval of the Visy Recycling (Queensland) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Visy Recycling (Queensland) 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] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers this organisation.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 16 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Visy Paper Pty Ltd trading as Visy Recycling, the Fair Work Commission was tasked with determining the approval of the Visy Recycling (Queensland) Enterprise Agreement 2016. The applicant, Visy Paper Pty Ltd, sought to have the proposed enterprise agreement recognised and enforced under the Fair Work Act 2009. The application was contested by the Australian Manufacturing Workers' Union, who argued that the proposed agreement contained provisions that were not fair and reasonable.

The primary legal issues the Commission had to address were whether the proposed agreement met the criteria for approval under the Fair Work Act. This involved assessing whether the agreement was made in good faith, if it contained terms that were fair and reasonable, and if it complied with the procedural requirements of the Act. Additionally, the Commission needed to determine if the agreement appropriately balanced the interests of both the employer and the employees.

After carefully reviewing the submissions and evidence presented by both parties, the Commission concluded that the proposed Visy Recycling (Queensland) Enterprise Agreement 2016 did meet the criteria for approval. The Commission found that the agreement was made in good faith, and the terms were fair and reasonable, taking into account the specific circumstances of the workplace and the parties involved. The Commission also found that the agreement complied with the procedural requirements of the Fair Work Act. The Commission determined that the agreement appropriately balanced the interests of both the employer and the employees, considering factors such as wage rates, working conditions, and dispute resolution mechanisms.

Consequently, the Fair Work Commission approved the Visy Recycling (Queensland) Enterprise Agreement 2016, and it will now be enforceable under the Fair Work Act. The approved agreement will provide a framework for the terms and conditions of employment for the relevant employees, and it will remain in effect until the next scheduled expiry date or until a new agreement is negotiated and approved.

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