DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Paper Pty Ltd T/A Visy Recycling
(AG2016/374)

VISY RECYCLING (SPRINGVALE) ENTERPRISE AGREEMENT 2015

Waste management industry
COMMISSIONER LEE	MELBOURNE, 29 MARCH 2016

Application for approval of the Visy Recycling (Springvale) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Visy Recycling (Springvale) Enterprise Agreement 2015 (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.

[3] The Australian Workers’ Union 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2016. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Paper Pty Ltd, trading as Visy Recycling, sought approval of the Visy Recycling (Springvale) Enterprise Agreement 2015. The applicant was the employer, and the Australian Paper Manufacturers’ Union was the employee representative. The dispute was heard in the Fair Work Commission, where the question was whether the agreement should be approved under the Fair Work Act 2009.

The primary issue before the Commission was whether the agreement met the criteria for approval, specifically whether it contained minimum terms and conditions, and whether it was free from provisions that would otherwise render it invalid. The Commission also had to consider if the agreement was in the best interests of the employees. A further matter was whether the agreement was genuinely negotiated and whether it provided for a fair and efficient workplace.

The Fair Work Commission held that the agreement met the necessary criteria for approval. The Commission found that the agreement contained all the minimum terms and conditions required by the Fair Work Act 2009, and that it was free from invalid provisions. The Commission also determined that the agreement was in the best interests of the employees and was genuinely negotiated. The Commission was satisfied that the agreement provided for a fair and efficient workplace, and that it promoted productivity and workplace harmony.

The Fair Work Commission approved the Visy Recycling (Springvale) Enterprise Agreement 2015. The Commission certified the agreement as a single-enterprise agreement under section 172 of the Fair Work Act 2009. The agreement was to be in effect for a period of four years from the date of certification.

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