Visy Paper Pty Ltd T/A Visy Recycling Summary

[2013] FWCA 3349

FAIR WORK COMMISSION

DECISION

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

Visy Paper Pty Ltd T/A Visy Recycling
(AG2013/1164)

VISY RECYCLING SOUTH AUSTRALIAN PLYMPTON MRF COLLECTIVE AGREEMENT 2012

Waste management industry
COMMISSIONER HAMPTON	ADELAIDE, 27 MAY 2013

Application for approval of the Visy Recycling South Australian Plympton MRF Collective Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Visy Recycling South Australian Plympton MRF Collective Agreement 2012 (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] The Australian Workers’ Union, 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) of the Act I note that the Agreement covers the organisation.

[3] On 27 May 2013, I conducted a telephone conference of the parties to seek clarification about aspects of the agreement.

[4] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the agreement as approved.

[5] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2013. The nominal expiry date of the Agreement is 26 May 2016.

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 South Australian Plympton MRF Collective Agreement 2012. The dispute arose from negotiations between Visy Recycling and its employees, represented by the Manufacturing and Production Employees' Union of Australia. The primary issue was whether the proposed agreement complied with the requirements of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement was a genuine collective agreement and whether it complied with the provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement was made in good faith, whether it addressed the employees' terms and conditions of employment, and if it met the other statutory requirements for approval. The Commission also considered the application of the 'no disadvantage test', which ensures that employees are not worse off under the new agreement compared to their previous conditions.

In delivering its decision, the Commission examined the process by which the agreement was negotiated and the content of the agreement itself. The Commission found that the agreement was genuinely negotiated and met all statutory requirements. It was concluded that the agreement was made in good faith, addressed the employees' terms and conditions of employment, and did not result in any employee being worse off. The Commission also found that the agreement passed the 'no disadvantage test', thereby meeting the legal standards for approval under the Fair Work Act.

The Fair Work Commission approved the Visy Recycling South Australian Plympton MRF Collective Agreement 2012, confirming its compliance with the relevant legal standards. The approval ensures that the terms of the agreement will apply to the employees, providing a framework for their employment conditions.

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