| [2023] FWCA 3044 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Visy Paper Pty Ltd T/A Visy Recycling
(AG2023/3113)
VISY RECYCLING (SMITHFIELD) COLLECTIONS EMPLOYEES ENTERPRISE AGREEMENT 2022
| Waste management industry | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 19 SEPTEMBER 2023 |
Application for approval of the Visy Recycling (Smithfield) Collections EmployeesEnterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Visy Recycling (Smithfield) Collections Employees Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Visy Paper Pty Ltd T/A Visy Recycling (Employer). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2023. The nominal expiry date of the Agreement is 30 September 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE521574 PR766403>
Annexure A
- AGLC
- Visy Paper Pty Ltd T/A Visy Recycling [2023] FWCA 3044
- Case
- [2023] FWCA 3044
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement was a "better off overall test" (BOOT) agreement, meaning that it provided employees with a net benefit in comparison to the existing conditions of employment or the applicable award. The Commission also had to consider whether the agreement was fairly negotiated, contained mandatory provisions, and did not include terms that were contrary to public policy or otherwise unlawful.
In reaching its decision, the Fair Work Commission examined the evidence and submissions presented by both parties. The Commission noted that the proposed agreement included various provisions relating to wages, hours of work, leave entitlements, and other employment conditions. The Commission concluded that the agreement was fairly negotiated and met the BOOT criterion, as it provided employees with a number of benefits, including improved wage rates and leave provisions. The Commission also found that the agreement contained all the mandatory provisions required by the Fair Work Act and did not include any terms that were contrary to public policy or otherwise unlawful.
Following its analysis, the Fair Work Commission approved the Visy Recycling (Smithfield) Collections Employees Enterprise Agreement 2022. The approval was effective from the date of the decision, and the agreement was to apply to all collections employees at the Smithfield facility employed by Visy Paper Pty Ltd, trading as Visy Recycling.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.