DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Pulp & Paper Pty Ltd
(AG2020/3043)

VISY PULP & PAPER TUMUT ENTERPRISE AGREEMENT 2020

Timber and paper products industry
DEPUTY PRESIDENT CLANCY	MELBOURNE, 2 NOVEMBER 2020

Application for approval of the Visy Pulp & Paper Tumut Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Visy Pulp & Paper Tumut Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Visy Pulp & Paper Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of Visy Pulp & Paper Pty Ltd, however, taking into account the factors in s.186(3) and s.186(3A), I am satisfied that the group of employees was fairly chosen.

[3] I note there is a National Employment Standards (NES) precedence clause at Clause 5 of the Agreement to the effect that where there is an inconsistency between the Agreement and the NES, and the NES provides a higher benefit, the higher benefit in the NES provision will apply. I am therefore satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] 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 and 188 as are relevant to this application for approval have been met.

[5] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by each of the CFMMEU, I note that the Agreement covers the CFMMEU.

[6] The Agreement was approved on 2 November 2020 and, in accordance with s.54, will operate from 9 November 2020. The nominal expiry date of the Agreement is 31 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Pulp & Paper Pty Ltd sought approval for the Visy Pulp & Paper Tumut Enterprise Agreement 2020 from the Fair Work Commission. The agreement, which proposed to govern the terms and conditions of employment for workers at the Tumut mill, was submitted for assessment under the Fair Work Act 2009. The Commission needed to determine if the agreement met the requirements for approval, including whether it provided for fair and reasonable terms and conditions of employment and if it had been genuinely agreed upon by the parties.

The key legal issues before the Commission involved whether the agreement satisfied the criteria for approval as stipulated in the Fair Work Act. Specifically, the Commission had to consider whether the agreement was free from any unfairness and provided for fair and reasonable terms and conditions. Additionally, the Commission examined if the agreement was genuinely negotiated and not imposed, and if it complied with all procedural requirements, including proper notice and consultation.

The Commission found that the agreement met the criteria for approval. It concluded that the proposed terms and conditions were fair and reasonable, taking into account the specific circumstances of the workforce and the industry. The Commission also found that the agreement had been genuinely negotiated and not imposed, with proper consultation and notice processes observed. Consequently, the Commission approved the Visy Pulp & Paper Tumut Enterprise Agreement 2020, effective from 1 July 2020.

Visy Pulp & Paper 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