Visy Paper Pty Ltd T/A Visy Recycling

[2023] FWCA 1868

[2023] FWCA 1868

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Visy Paper Pty Ltd T/A Visy Recycling

(AG2023/1768)

VISY RECYCLING (VICTORIAN DRIVERS) ENTERPRISE AGREEMENT 2022

Waste management industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 23 JUNE 2023

Application for approval of the Visy Recycling (Victorian Drivers) Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Visy Recycling (Victorian Drivers) 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. The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

1. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023.

1. Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made before 6 June 2023.

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

1. The Applicant identified an error in the version of the Agreement which was put forward at the employee vote (Agreement Version 1). Specifically, the dates on the wages and allowances tables were incorrect. This error occurred at clauses 16.1 and 19 of Agreement Version 1. The Applicant has submitted a marked-up version of the Agreement, which identifies the amendments from Agreement Version 1 to the current Agreement. The Applicant has advised that the bargaining representatives have discussed this issue and confirmed that the final version of Agreement submitted with the application, is the correct version of the Agreement. Pursuant to s.586 of the Act, I am satisfied that the corrections should be made and that it is appropriate to do so.

1. On 22 June 2023, the Applicant also submitted a revised Agreement, with an amended signature page in compliance with reg. 2.06A of the Fair Work Regulations 2009. Pursuant to s.586 of the Act, I am satisfied that the corrections should be made and that it is appropriate to do so.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 June 2023. The nominal expiry date of the Agreement is 1 July 2025.

DEPUTY PRESIDENT

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