| [2023] FWCA 190 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Visy Paper Pty Ltd T/A Visy Recycling
(AG2022/5300)
VISY RECYCLING – NSW AND ACT OPERATIONS ENTERPRISE AGREEMENT 2021
| Waste management industry | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 19 JANUARY 2023 |
Application for approval of the Visy Recycling – NSW and ACT Operations Enterprise Agreement 2021.
Visy Paper Pty Ltd T/A Visy Recycling (the Employer) has made an application for the approval of the Visy Recycling – NSW and ACT Operations Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.
I note that the following clauses are potentially inconsistent with the National Employment Standards (NES):
- Clause 21 – Personal/Carers Leave
- Clause 26.3 – Public Holidays
- Clause 29.5 – Redundancy
Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) was a bargaining representative for the Agreement and 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 AMWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2023. The nominal expiry date of the Agreement is 30 November 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE518932 PR749817>
Annexure A
- AGLC
- Visy Paper Pty Ltd T/A Visy Recycling [2023] FWCA 190
- Case
- [2023] FWCA 190
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the proposed agreement met the requirements under the Fair Work Act 2009 and whether the agreement was fair and appropriate for the employees covered by it. This involved scrutinising the terms of the agreement to ensure they complied with the relevant legislative provisions and balanced the interests of both the employees and the employer. The Commission also needed to determine if the agreement provided for genuine bargaining, as mandated by the Fair Work Act.
The Fair Work Commission, in its decision, examined the evidence provided regarding the negotiation process and the fairness of the terms. The Commission took into account the nature of the industry, the bargaining positions of the parties, and the overall implications of the agreement on the workforce. After thorough deliberation, the Commission found that the proposed agreement was fair and appropriate. It concluded that the terms reflected a genuine bargain, met all legal requirements, and were suitable for the employees involved. The Commission approved the enterprise agreement, acknowledging the necessity of such agreements in maintaining fair and effective industrial relations within the specified operations.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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