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

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 - NSW and ACT Operations Enterprise Agreement 2015. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The primary issue before the FWC was whether the proposed enterprise agreement met the requirements of the Act, specifically whether it complied with the "better off overall test" (BOOT) and was in the interests of employees.

The FWC examined the application and the proposed agreement, considering the arguments of both parties. Visy argued that the agreement was fair and balanced, and that it provided for better terms and conditions for employees than what they would have received under the applicable award. The FWC considered the economic context, the bargaining positions of the parties, and the terms and conditions of the proposed agreement. The FWC also took into account the views of the employees, as expressed through their representatives.

Ultimately, the FWC determined that the proposed enterprise agreement met the requirements of the Act and was in the interests of the employees. The FWC found that the agreement was fair and balanced, and that it provided for better terms and conditions for employees than what they would have received under the applicable award. The FWC approved the Visy Recycling - NSW and ACT Operations Enterprise Agreement 2015, and it came into effect on 1 July 2015.

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