DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Visy Paper Pty Ltd T/A Visy Recycling Pty Ltd
(AG2019/5082)

VISY RECYCLING (QUEENSLAND) ENTERPRISE AGREEMENT 2019

Waste management industry
COMMISSIONER BOOTH	BRISBANE, 7 FEBRUARY 2020

Application for approval of the Visy Recycling (Queensland) Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Visy Paper Pty Ltd T/A Visy Recycling Pty Ltd (the Applicant) for approval of the Visy Recycling (Queensland) Enterprise Agreement 2019 (the Agreement). The Agreement is a single enterprise agreement.

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

[3] The Transport Workers’ Union of Australia (the TWU) and the Australian Workers’ Union (the AWU) filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the TWU and the AWU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Visy Paper Pty Ltd, trading as Visy Recycling Pty Ltd, brought an application to the Fair Work Commission seeking approval of the Visy Recycling (Queensland) Enterprise Agreement 2019. The application arose from a dispute between Visy Recycling and the Australian Manufacturing Workers' Union regarding the terms and conditions of employment for employees within the recycling industry in Queensland. The primary issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the requirements for minimum entitlements.

The Commission considered various aspects of the agreement, including the minimum rates of pay, penalty rates, leave provisions, and procedural fairness. The Commission examined whether the agreement provided for a minimum rate of pay that complied with the National Employment Standards and whether it included provisions for adequate rest breaks and overtime entitlements. The Commission also assessed whether the agreement allowed for the variation of employees' hours of work and whether it provided for adequate notice and consultation in the event of operational changes. Furthermore, the Commission evaluated whether the agreement provided for appropriate procedural fairness mechanisms to address any disputes that may arise.

After reviewing the evidence and submissions from both parties, the Commission found that the Visy Recycling (Queensland) Enterprise Agreement 2019 was compliant with the relevant provisions of the Fair Work Act 2009. The Commission determined that the agreement provided for minimum rates of pay, penalty rates, and leave entitlements that were not less favourable than the applicable awards and the National Employment Standards. The Commission also found that the agreement provided for adequate rest breaks, overtime entitlements, and procedural fairness mechanisms. Accordingly, the Commission approved the agreement, and it will now apply to the relevant employees.

The Fair Work Commission approves the Visy Recycling (Queensland) Enterprise Agreement 2019, which will now apply to the relevant employees. The decision provides clarity for both parties and ensures that the employees are provided with fair and reasonable terms and conditions of employment. The approval of the agreement will also contribute to the stability and predictability of the workplace, which is in line with the objectives of the Fair Work Act 2009.

Visy Paper Pty Ltd T/A Visy Recycling Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established