Visy Paper Pty Ltd T/A Visy Recycling

[2021] FWCA 6049

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Paper Pty Ltd T/A Visy Recycling
(AG2021/7505)

VISY RECYCLING (BANYULE) ENTERPRISE AGREEMENT 2021

Waste management industry
COMMISSIONER WILSON	MELBOURNE, 30 SEPTEMBER 2021

Application for approval of the Visy Recycling (Banyule) Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Visy Recycling (Banyule) Enterprise 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.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Paper Pty Ltd, trading as Visy Recycling, sought approval for the Visy Recycling (Banyule) Enterprise Agreement 2021. The application was brought before the Fair Work Commission (FWC), which was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The agreement was a proposed enterprise agreement that aimed to govern the employment terms and conditions of employees within Visy Recycling's operations in Banyule.

The central legal issue before the FWC was whether the proposed agreement complied with the statutory requirements outlined in the Fair Work Act. Specifically, the FWC needed to consider whether the agreement was made in good faith, whether it was free from any improper conduct, and whether it satisfied the requirements for the provision of a pay rise. The FWC was also required to assess if the agreement met the conditions for coverage, which included determining whether the agreement covered a sufficient number of employees and whether the agreement was made with genuine agreement from both parties.

In determining whether the agreement met the necessary criteria, the FWC examined the evidence presented by both parties. The FWC considered whether the agreement was genuinely negotiated between the parties, whether the process was free from any coercion or pressure, and whether the agreement contained provisions that were in the best interests of the employees. The FWC also assessed the agreement's provisions to ensure they aligned with the statutory minimum entitlements under the National Employment Standards. After a thorough examination of the evidence and the provisions of the agreement, the FWC found that the proposed agreement was made in good faith, was free from any improper conduct, and met the statutory requirements for approval.

The FWC approved the Visy Recycling (Banyule) Enterprise Agreement 2021, effective from 1 April 2021. The decision was based on the evidence presented by both parties and the FWC's determination that the agreement met the necessary criteria for approval. The approved agreement now governs the employment terms and conditions of employees within Visy Recycling's operations in Banyule.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established