Visy Paper Pty Ltd T/A Visy Recycling Pty Ltd

[2023] FWCA 1398

[2023] FWCA 1398

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Visy Paper Pty Ltd T/A Visy Recycling Pty Ltd

(AG2023/1077)

VISY RECYCLING (QUEENSLAND) ENTERPRISE AGREEMENT 2022

Waste management industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 16 MAY 2023

Application for approval of the Visy Recycling (Queensland) Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Visy Recycling (Queensland) Enterprise Agreement 2022 (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 Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Transport Workers’ Union of Australia (TWU) made submissions in respect of meal breaks taken in that they submit that the Agreement would preclude penalty rates being paid where meal breaks are not taken at the appropriate time. The Agreement provides for employees to agree to work a further quarter hour (15 minutes) without a meal break, in comparison to the relevant award, at ordinary rates by agreement between the individual or the majority of employees. I note that the agreement of employees is required (whether by employee or by a majority of employees) and that where that is agreed, such an extension is a short one that I am satisfied is outweighed by the other more significant benefits in the Agreement including the pay rates which are well above the Award rates.

1. The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

1. Pursuant to s.190(3) of the Act, I accept the undertakings.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 26.1.1 – Public Holidays

·   Clause 29.5 Redundancy

However, noting clause 5.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The TWU and the Australian Workers Union (AWU) have lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the TWU and the AWU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

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