Visy Paper Pty Ltd T/A Visy Recycling

[2020] FWCA 3864

[2020] FWCA 3864

FAIR WORK COMMISSION

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

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Annexure A