DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Visy Paper Pty Ltd T/A Visy Recycling
(AG2015/1212)

VISY RECYCLING BOTANY ENTERPRISE AGREEMENT 2010

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 29 MAY 2015

Application for termination of the Visy Recycling Botany Enterprise Agreement 2010.

[1] In accordance with s.226 of the Fair Work Act 2009 (the Act), Fair Work Commission approves the termination of the Visy Recycling Botany Enterprise Agreement 2010.

[2] The termination is effective on and from 29 May 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Visy Paper Pty Ltd, trading as Visy Recycling, applied to the Fair Work Commission for the termination of the Visy Recycling Botany Enterprise Agreement 2010. The application arose from a dispute over the interpretation and application of the agreement, particularly concerning the conditions of employment for workers at the Botany site. The Fair Work Commission was tasked with determining whether the application met the criteria for terminating the enterprise agreement under the Fair Work Act 2009.

The legal issues before the Commission involved the interpretation of specific clauses within the enterprise agreement and whether the application for termination was valid under the statutory framework. Key questions included whether the changes proposed by Visy Paper constituted a "substantial change" to the terms and conditions of employment, and whether the application process complied with the necessary procedural requirements. Additionally, the Commission had to consider whether the application was made in good faith and whether it was in the best interests of the employees.

The Fair Work Commission concluded that the application for termination did not meet the statutory criteria for termination. The Commission found that the changes proposed by Visy Paper did not amount to a substantial change and that the application was not made in good faith. The Commission emphasised the importance of maintaining stability in enterprise agreements and the need for any termination application to be justified on clear and substantial grounds. As a result, the application was dismissed, and the enterprise agreement remained in force.

No further orders were made by the Commission as the application was dismissed outright. The decision underscored the stringent requirements for terminating an enterprise agreement and the need for careful consideration of the interests of all parties involved.

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