DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Paper Pty Ltd T/A Visy Recycling
(AG2020/1876)

VISY RECYCLING (SMITHFIELD) COLLECTIONS EMPLOYEES ENTERPRISE AGREEMENT 2019

Waste management industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 23 JULY 2020

Application for approval of the Visy Recycling (Smithfield) Collections Employees Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the Visy Recycling (Smithfield) Collections Employees Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Visy Paper Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 22 July 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Waste Management Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 July 2020. The nominal expiry date of the Agreement is 30 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

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) Collections Employees Enterprise Agreement 2019. The application was made in accordance with section 233 of the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for registration and whether it was in the best interests of the employees involved. The Commission was required to consider various aspects of the agreement, including its coverage, the process by which it was formed, and whether it provided for fair and reasonable terms and conditions of employment.

The legal issues before the Commission involved determining whether the enterprise agreement was a bona fide agreement, whether it was made in good faith, and whether it provided for fair and reasonable terms and conditions of employment. The Commission also had to assess whether the agreement was in the best interests of the employees, taking into account the nature of the bargaining, the bargaining process, and the overall terms and conditions of employment. Furthermore, the Commission had to ensure that the agreement complied with the provisions of the Fair Work Act, including the requirement for the agreement to be in writing and the need for it to be approved by the Commission.

In its decision, the Fair Work Commission found that the Visy Recycling (Smithfield) Collections Employees Enterprise Agreement 2019 was a bona fide agreement made in good faith. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees. The Commission noted the comprehensive nature of the agreement, its coverage of all relevant employees, and the thorough process by which it was formed. The Commission was satisfied that the agreement met the legal requirements and thus approved the enterprise agreement.

The Fair Work Commission approved the Visy Recycling (Smithfield) Collections Employees Enterprise Agreement 2019, effective from the date of the decision. The Commission's approval was based on the findings that the agreement was made in good faith, provided for fair and reasonable terms and conditions of employment, and was in the best interests of the employees. The approval ensures that the agreement will govern the employment conditions of the relevant employees, and it will be registered with the Fair Work Commission.

Visy Paper Pty Ltd T/A Visy Recycling

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established