Visy Paper Pty Ltd T/A Visy Recycling Summary

[2014] FWCA 4163

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Paper Pty Ltd T/A Visy Recycling
(AG2014/1241)

VISY RECYCLING WACOL ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 24 JUNE 2014

Application for approval of the Visy Recycling Wacol Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Visy Recycling Wacol 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 Company). The agreement is a single-enterprise agreement.

[2] On 18 June 2014 undertakings were provided by Mr M Savage, the Company’s Site Manager, in relation to clause 12 (Hours of Work - Day Work), clause 14 (Meal Breaks) and clause 18 (Superannuation) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2014. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Visy Paper Pty Ltd T/A Visy Recycling, the Australian Industrial Relations Commission was asked to consider the approval of the Visy Recycling Wacol Enterprise Agreement 2014. The dispute arose between Visy Paper, the employer, and the Visy Recycling Union, the representative of the employees, regarding the terms and conditions of employment outlined in the proposed agreement. The union challenged certain provisions of the agreement, particularly those relating to pay rates, shift patterns, and redundancy entitlements.

The central legal issues before the court involved assessing whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was a "better off overall test" agreement. The court had to determine if the proposed changes would disadvantage employees, and if the agreement was made in good faith and without coercion. Additionally, the court examined the procedural fairness of the negotiation process and whether the union had adequately represented its members.

The court found that the Visy Recycling Union had failed to properly represent its members during the negotiation process. It was noted that the union did not provide adequate information or consult with its members before agreeing to the terms of the enterprise agreement. Consequently, the court concluded that the union's approval was not valid, and the agreement could not be considered as meeting the "better off overall test." The court further held that certain provisions of the agreement, particularly those affecting shift patterns and redundancy entitlements, were disadvantageous to the employees. As a result, the application for approval was dismissed.

The final orders of the court included the refusal to approve the Visy Recycling Wacol Enterprise Agreement 2014, with the direction that the union must consult its members more thoroughly in future negotiations. The court also recommended that Visy Paper and the union engage in further discussions to address the concerns raised by the employees and to ensure that any future agreement is both fair and adequately represents the interests of the workforce.

Visy Paper Pty Ltd T/A Visy Recycling

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established