Visy Paper Pty Ltd T/A Visy Recycling

[2016] FWCA 2540

[2016] FWCA 2540

FAIR WORK COMMISSION

DECISION

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

Visy Paper Pty Ltd T/A Visy Recycling
(AG2016/631)

VISY RECYCLING - NSW AND ACT OPERATIONS ENTERPRISE AGREEMENT 2015

Waste management industry
DEPUTY PRESIDENT BULL	PERTH, 27 APRIL 2016

Application for approval of the Visy Recycling - NSW and ACT Operations Enterprise Agreement 2015.

[1] An application has been made by Visy Paper Pty Ltd (the applicant) for the approval of an enterprise agreement known as the Visy Recycling - NSW and ACT Operations Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement covers all employees in NSW and ACT, with the exclusion of those employees who work at 6 Herbert Place Smithfield and 6-10 Burrows road South, St Peters, and who perform work relevant to the classifications in the Agreement. As per the requirement under s.186(3) of the Act, I am satisfied that the group of employees to be covered by the Agreement was fairly chosen.

Better off overall test

[3] With respect to the better off overall test (BOOT) under s.186 of the Act, the terms and conditions under the Agreement are more beneficial than the Waste Management Award 2010, being the relevant reference instrument for the purposes of the BOOT, including:

1. Significantly higher base rates of pay;

2. Increased allowances; and

3. Significantly higher redundancy payments;

Conclusion

[4] Taking into account the higher rates of pay and greater entitlements under the Agreement when compared to the Award, I am satisfied that the Agreement results in employees being better off under the Agreement.

[5] 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.

[6] The Agreement is approved. In accordance with s.54(1), the Agreement will operate 7 days from approval. The nominal expiry date of the Agreement is 30 November 2018.

DEPUTY PRESIDENT

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