Visy Paper Pty Ltd T/A Visy Recycling

[2014] FWCA 2871

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Paper Pty Ltd T/A Visy Recycling
(AG2014/796)

VISY RECYCLING SOUTH AUSTRALIA GILLMAN ENTERPRISE AGREEMENT 2014

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 1 MAY 2014

Application for approval of the Visy Recycling South Australia Gillman Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Visy Recycling South Australia Gillman 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 28 April 2014 undertakings were provided by Mr L Martyn (the Company’s General Manager) in relation to clause 18(g) (Variation by Agreement) and clause 34 (Consultation) 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 8 May 2014. The nominal expiry date of the Agreement is 1 May 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 for the approval of the Visy Recycling South Australia Gillman Enterprise Agreement 2014. The Fair Work Commission, the relevant tribunal, was tasked with determining whether the agreement met the necessary legislative standards for approval. The primary dispute centred around whether the agreement had been genuinely negotiated and whether it included appropriate terms and conditions that aligned with the statutory requirements.

The legal issues before the Commission included verifying that the agreement had been fairly negotiated between the employer and the employees' representatives, ensuring it contained all the mandatory provisions stipulated by the Fair Work Act 2009, and confirming it did not unfairly disadvantage any employee. Additionally, the Commission needed to ascertain whether the process of negotiation and consultation adhered to the principles of good faith and whether the agreement's terms were consistent with the objectives of the Act, particularly in relation to promoting harmonious, productive, and cooperative workplace relationships.

The Commission determined that the agreement had indeed been genuinely negotiated and included all required mandatory terms. The negotiation process was found to be conducted in good faith, with adequate consultation between the parties. The terms of the agreement were deemed to be fair and not detrimental to the employees. Consequently, the Commission approved the Visy Recycling South Australia Gillman Enterprise Agreement 2014, confirming its compliance with the statutory requirements.

The final orders of the Commission were to approve the enterprise agreement, effective from the date of the decision. The agreement was to be registered on the Register of Approved Agreements, thereby granting it legal enforceability under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established