Visy Pulp and Paper Pty Ltd

[2013] FWCA 3048

[2013] FWCA 3048

FAIR WORK COMMISSION

DECISION

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

Visy Pulp and Paper Pty Ltd
(AG2013/729)

VISY PULP & PAPER TUMUT ENTERPRISE AGREEMENT 2012

Timber and paper products industry
COMMISSIONER BULL	SYDNEY, 15 MAY 2013

Application for approval of the Visy Pulp & Paper Tumut Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Visy Pulp & Paper Tumut Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Commission wrote to the Applicant with respect to clause 7 - Types of employment, and in particular, employees that may be engaged on a casual basis as the Agreement does not identify the casual rates of pay. The Applicant advised that this was an oversight in the drafting stage and at present there are no casual employees employed by the company under this Agreement. The Applicant advised that should the company engage any casual employees under this Agreement in the future those employees will receive a 25 per cent casual loading.

[3] In response to the Commission’s request with respect to clause 11 - Hours of work, and in particular the ordinary hours of work for day workers, the Applicant advised that employees covered by the Agreement are all shift workers.

[4] The Agreement covers employees of the company who are engaged in positions covered by the classification structure in the Agreement and whose employment is based at the Tumut Mill. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

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

[6] The Construction, Forestry, Mining and Energy Union, 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) I note that the Agreement covers this organisation.

[7] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 22 May 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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