DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Visy Paper Pty Ltd T/A Visy Recycling
(AG2014/8342)

VISY RECYCLING (VICTORIAN DRIVERS) ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 11 DECEMBER 2014

Application for approval of the Visy Recycling (Victorian Drivers) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Visy Recycling (Victorian Drivers) Enterprise Agreement 2014 (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 ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2014. 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, applied to the Fair Work Commission for approval of the Visy Recycling (Victorian Drivers) Enterprise Agreement 2014. The application involved the terms and conditions of employment for drivers working in the recycling industry in Victoria. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement complied with the procedural and substantive provisions of the Act.

The legal issues before the Commission included whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act, including proper consultation and bargaining. It was also necessary to ascertain whether the terms of the agreement were procedurally and substantively fair. The Commission examined whether the agreement provided for minimum rates of pay, reasonable working hours, and adequate provisions for leave, as well as whether it included appropriate dispute resolution mechanisms.

In assessing the application, the Commission considered submissions from both Visy Paper and the union representing the drivers. The Commission found that the agreement had been made following proper consultation and negotiation processes. It also determined that the terms of the agreement were fair and met the minimum standards prescribed by the Fair Work Act. The Commission concluded that the agreement provided for reasonable working conditions, adequate remuneration, and appropriate dispute resolution procedures. Consequently, the Commission approved the Visy Recycling (Victorian Drivers) Enterprise Agreement 2014.

The Fair Work Commission approved the Visy Recycling (Victorian Drivers) Enterprise Agreement 2014, finding that it complied with the requirements of the Fair Work Act. The agreement was deemed to be fairly negotiated and substantively fair, providing for appropriate terms and conditions of employment. The Commission's decision ensures that the drivers employed by Visy Recycling in Victoria benefit from a legally approved enterprise agreement that reflects the outcomes of genuine bargaining between the parties.

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