DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Visy Pulp & Paper Pty Ltd
(AG2016/601)

VISY PULP & PAPER TUMUT ENTERPRISE AGREEMENT 2016

Timber and paper products industry
COMMISSIONER LEE	MELBOURNE, 22 APRIL 2016

Application for approval of the Visy Pulp & Paper Tumut Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Visy Pulp & Paper Tumut Enterprise Agreement 2016 (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] 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.

[3] 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 the organisation.

[4] The Agreement was approved on 22 April 2016 and, in accordance with s.54, will operate from 29 April 2016. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Pulp & Paper Pty Ltd sought approval of the Visy Pulp & Paper Tumut Enterprise Agreement 2016 in the Fair Work Commission. The matter involved the negotiation and subsequent application for the approval of a new enterprise agreement by Visy Pulp & Paper Pty Ltd for its employees in the Tumut facility. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Fair Work Commission included whether the agreement had been genuinely bargained for, whether it provided for a proper system of classification and pay rates, and whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement adhered to the principles of procedural fairness, whether the process of bargaining was genuine, and if the terms and conditions of the agreement were fair and reasonable.

The Fair Work Commission found that the agreement had been genuinely bargained for, and the bargaining process was procedurally fair. The Commission considered the evidence provided by both parties and concluded that the agreement met the necessary criteria for approval. The Commission also found that the agreement provided for a proper system of classification and pay rates, and the terms and conditions of the agreement were fair and reasonable. Based on these findings, the Commission approved the Visy Pulp & Paper Tumut Enterprise Agreement 2016.

The Fair Work Commission approved the Visy Pulp & Paper Tumut Enterprise Agreement 2016, effective from the date of the decision. This decision confirmed the agreement's compliance with the Fair Work Act 2009 and its procedural fairness. The approval allowed the agreement to be registered and enforceable, ensuring the rights and obligations of the employees and the employer were established and protected under the new terms.

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