DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Paper Pty Ltd T/A Visy Recycling
(AG2015/6889)

VISY RECYCLING SMITHFIELD MRF EMPLOYEES’ COLLECTIVE AGREEMENT, 2015

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 6 JANUARY 2016

Application for approval of the Visy Recycling Smithfield MRF Employees’ Collective Agreement, 2015.

[1] An application has been made for approval of an enterprise agreement known as the Visy Recycling Smithfield MRF Employees’ Collective Agreement, 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) 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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 13 January 2016. The nominal expiry date is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Paper Pty Ltd, trading as Visy Recycling, applied to the Fair Work Commission for approval of the Visy Recycling Smithfield MRF Employees’ Collective Agreement, 2015. The dispute involved the terms and conditions of employment for employees working at Visy's Smithfield Materials Recovery Facility. The application was brought before the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issue before the Commission was whether the proposed agreement complied with the relevant statutory requirements under the Fair Work Act 2009, including provisions related to minimum entitlements, procedural fairness, and the coverage of the agreement. The Commission also considered whether the agreement adequately protected employees' rights and interests.

In examining the application, the Commission considered the fairness of the proposed agreement and the process by which it was negotiated. The Commission also reviewed the minimum standards set out in the applicable awards and the National Employment Standards. After careful consideration, the Commission determined that the proposed agreement met the necessary statutory requirements. The Commission found that the agreement provided for fair and reasonable terms and conditions, and that it had been negotiated in good faith. The Commission approved the Visy Recycling Smithfield MRF Employees’ Collective Agreement, 2015, subject to certain conditions.

The Fair Work Commission's decision confirmed the approval of the Visy Recycling Smithfield MRF Employees’ Collective Agreement, 2015, subject to the specified conditions. This outcome provided clarity for both Visy Recycling and its employees regarding the terms of their employment, ensuring that the agreement met the necessary legal standards.

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