Visy Paper Pty Ltd T/A Visy Recycling

[2014] FWCA 4171

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Paper Pty Ltd T/A Visy Recycling
(AG2014/1264)

VISY RECYCLING [HEIDELBERG] ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 24 JUNE 2014

Application for approval of the Visy Recycling [Heidelberg] Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Visy Recycling [Heidelberg] 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 12 June 2014 an undertaking was provided by Ms K Bowe, the Company’s National IR Manager, in relation to Appendix 1 (Base Rates) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking 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

Annexure A

CaseChat Overview and Summary

Visy Paper Pty Ltd, trading as Visy Recycling, applied to the Fair Work Commission for the approval of the Visy Recycling (Heidelberg) Enterprise Agreement 2014. The agreement concerned the employment terms and conditions of the workers at Visy Recycling's Heidelberg facility, including wage rates, classification, and other employment conditions. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, specifically whether it provided for the "better off overall test" and contained the necessary "allowable provisions."

The primary legal issue before the Commission was whether the proposed enterprise agreement satisfied the statutory criteria for approval, particularly the better off overall test, which requires that the agreement must not lead to a deterioration in the financial position of the employees relative to their previous conditions. The Commission also had to consider whether the agreement contained only allowable provisions, as outlined in Schedule 2 of the Fair Work Act 2009. This included assessing the agreement's compliance with minimum standards such as those related to maximum weekly hours, penalty rates, and leave entitlements.

The Commission found that the Visy Recycling (Heidelberg) Enterprise Agreement 2014 met the statutory requirements for approval. It concluded that the agreement was better off overall for the employees, as it provided for improved wages and conditions, which outweighed any minor disadvantages. The Commission also determined that the agreement contained only allowable provisions and complied with the minimum standards set out in the Fair Work Act 2009. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Visy Recycling (Heidelberg) Enterprise Agreement 2014, finding it met the statutory requirements under the Fair Work Act 2009. This decision was based on the conclusion that the agreement was better off overall for the employees and contained only allowable provisions. The approval of the agreement was effective from the date of the decision, and it became the binding employment contract for the workers at Visy Recycling's Heidelberg facility.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established