DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Paper Pty Ltd T/A Visy Recycling Pty Ltd
(AG2018/3600)

VISY RECYCLING SOUTH AUSTRALIAN WINGFIELD MRF COLLECTIVE AGREEMENT 2018

Waste management industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 JANUARY 2019

Application for approval of the Visy Recycling South Australian Wingfield MRF Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Visy Recycling South Australian Wingfield MRF Collective Agreement 2018 (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 agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 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.

[5] 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 wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 18 January 2019 and, in accordance with s.54, will operate from 25 January 2019. The nominal expiry date of the Agreement is 31 October 2021.

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 the approval of a proposed collective agreement, the Visy Recycling South Australian Wingfield MRF Collective Agreement 2018. The agreement sought to establish terms and conditions of employment for employees working at Visy's recycling facility in Wingfield, South Australia. The Fair Work Commission was tasked with determining whether the proposed agreement should be approved under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement provided for the proper management of the workplace and the protection of employees' rights, interests, and obligations. The Commission needed to ensure that the agreement complied with the statutory requirements for approval under the Fair Work Act, including provisions related to the protection of vulnerable employees, the avoidance of unfair dismissals, and the promotion of harmonious, productive, and cooperative workplace relations.

The Commission found that the proposed agreement met the necessary criteria for approval. It contained provisions that ensured the fair and equitable treatment of employees, including mechanisms for resolving disputes and grievances, and provisions for the protection of employees' rights and obligations. The Commission noted that the agreement provided for the proper management of the workplace and the promotion of harmonious, productive, and cooperative workplace relations. The Commission also found that the agreement did not unfairly disadvantage any group of employees and that it provided for appropriate protections for vulnerable employees. Accordingly, the Commission approved the proposed agreement.

The Fair Work Commission approved the Visy Recycling South Australian Wingfield MRF Collective Agreement 2018, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included the addition of provisions to ensure that employees were provided with adequate notice of changes to their hours of work and to ensure that employees were provided with appropriate protections in the event of an employer-initiated termination of employment. The Commission also made minor amendments to the agreement to ensure compliance with relevant industrial instruments and to remove inconsistencies with other provisions of the agreement.

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