DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Paper Pty Ltd T/A Visy Recycling MRF
(AG2015/1598)

VISY RECYCLING SOUTH AUSTRALIAN WINGFIELD MRF COLLECTIVE AGREEMENT 2014

Waste management industry
COMMISSIONER ROBERTS	SYDNEY, 4 FEBRUARY 2015

Application for approval of the Visy Recycling South Australian Wingfield MRF Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Visy Recycling South Australian Wingfield MRF Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Visy Paper Pty Ltd T/A Visy Recycling MRF (the Company). The agreement is a single-enterprise agreement.

[2] On 28 January 2015 undertakings were provided by Mr L Martyn, the SA & WA State Manager of the Company. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2015. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Visy Paper Pty Ltd, trading as Visy Recycling, sought approval of the Visy Recycling South Australian Wingfield MRF Collective Agreement 2014 from the Fair Work Commission. The dispute centred on the interpretation and application of the Fair Work Act 2009, specifically the provisions regarding collective agreements and the role of the Fair Work Commission in approving such agreements. The Commission was tasked with determining whether the agreement met the statutory criteria for approval, including whether it provided for a fair and efficient workplace.

The court considered whether the agreement contained appropriate dispute resolution mechanisms and whether it adequately protected the rights and interests of employees. Additionally, the Commission examined whether the agreement was genuinely negotiated and whether it complied with relevant award and enterprise agreement provisions. The court's decision hinged on the interpretation of these legal standards and their application to the specific provisions of the agreement in question.

After thorough consideration, the Fair Work Commission found that the agreement complied with the necessary statutory requirements. The agreement was deemed to provide for fair and efficient workplace arrangements, including appropriate dispute resolution mechanisms. The Commission concluded that the agreement was genuinely negotiated and met all the necessary criteria for approval under the Fair Work Act 2009. Consequently, the court approved the Visy Recycling South Australian Wingfield MRF Collective Agreement 2014.

Visy Paper Pty Ltd T/A Visy Recycling MRF

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established