Visy Paper Pty Ltd T/A Visy Recycling

[2013] FWCA 1310

[2013] FWCA 1310

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
(AG2013/331)

VISY RECYCLING SOUTH AUSTRALIAN ELIZABETH MRF COLLECTIVE AGREEMENT 2012

Waste management industry
COMMISSIONER HAMPTON	ADELAIDE, 1 MARCH 2013

Visy Recycling South Australian Elizabeth MRF Collective Agreement 2012 .

[1] An application has been made for approval of an enterprise agreement known as the Visy Recycling South Australian Elizabeth 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 South Australian Branch, 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 February 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 representative 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] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 March 2013. The nominal expiry date of the Agreement is 29 February 2016.

COMMISSIONER

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