Visy Paper Pty Ltd T/A Visy Recycling

[2022] FWCA 4413

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Visy Paper Pty Ltd T/A Visy Recycling

(AG2022/5079)

Visy Recycling Smithfield MRF Employees’ Collective Agreement, 2021

Waste management industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 DECEMBER 2022

Application for approval of the Visy Recycling Smithfield MRF Employees’ Collective Agreement, 2021

An application has been made for approval of an enterprise agreement known as the Visy Recycling Smithfield MRF Employees’ Collective Agreement, 2021 (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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

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 Smithfield MRF Employees' Collective Agreement, 2021. The application was made under section 231 of the Fair Work Act 2009. The union involved in the negotiations was the Australian Manufacturing Workers' Union (AMWU). The dispute centred on the terms and conditions of employment for workers at the Smithfield Materials Recovery Facility.

The primary legal issue before the Commission was whether the agreement was in the best interests of the employees, in line with the provisions of the Fair Work Act. This required an assessment of the agreement's provisions against the 'better off overall test' (BOOT), which ensures that employees are no worse off and are better off overall compared to their previous terms and conditions. The Commission also had to determine whether the agreement complied with the 'good faith' bargaining requirements and the 'independent' nature of the agreement.

The Commission found that the agreement was in the best interests of the employees, satisfying the BOOT. It concluded that the proposed changes to the agreement, including wage increases and improved working conditions, provided significant benefits to the employees. The Commission was satisfied that the bargaining process was conducted in good faith and that the agreement was independent of any party's influence. The application was approved, and the agreement was registered under the Fair Work Act.

The Fair Work Commission approved the Visy Recycling Smithfield MRF Employees' Collective Agreement, 2021, and directed its registration. The Commission found that the agreement was in the best interests of the employees, met the better off overall test, and was the product of good faith bargaining. The agreement was deemed independent and was therefore registered under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established