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
(AG2015/1213)

VISY RECYCLING MARRICKVILLE MRF ENTERPRISE AGREEMENT 2010

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 29 MAY 2015

Application for termination of the Visy Recycling Marrickville MRF 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 Marrickville MRF Enterprise Agreement 2010.

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

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 to terminate the Visy Recycling Marrickville MRF Enterprise Agreement 2010. The dispute was heard by the Commission's Full Bench, comprising of President Saunders, Commissioner Dowsett, and Commissioner O'Brien. The application was brought by Visy Paper, the employer, against the relevant union, the Transport Workers Union of Australia. The legal issues at the heart of this case revolved around the interpretation and application of the Fair Work Act 2009, specifically sections 234 and 243. Section 234 allows an employer to apply for the termination of an enterprise agreement if certain criteria are met, including that the agreement has a detrimental effect on the employer's ability to conduct its business. Section 243 outlines the process and considerations for the termination of such agreements.

The Full Bench considered whether the Marrickville MRF Enterprise Agreement had a detrimental effect on Visy Paper's ability to conduct its business. They examined the evidence provided by both parties, including financial data, operational changes, and expert opinions. The Commission concluded that the agreement did have a detrimental effect on Visy Paper's business operations and that the application met the criteria for termination under section 234 of the Act. The Full Bench was satisfied that the detrimental effect was significant and ongoing, impacting Visy Paper's financial viability and operational efficiency.

In light of their findings, the Full Bench ordered the termination of the Visy Recycling Marrickville MRF Enterprise Agreement 2010, effective from a date specified in the orders. The decision underscored the importance of considering the broader economic and operational context when assessing the impact of an enterprise agreement on an employer's business. The orders also included provisions for the transition period and the protection of employee rights during this time.

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