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austlii:cth/FWCA/2016/2540
procedural. The Agreement is approved. In accordance with s.54(1), the Agreement will operate 7 days from approval. The nominal expiry date of the Agreement is 30 November 2018.
The Fair Work Commission approved an enterprise agreement for Visy Paper Pty Ltd covering recycling operations in NSW and ACT. The Commission was satisfied that the group of employees was fairly chosen and that the agreement passed the 'better off overall test' because it provided higher pay, better allowances, and more generous redundancy payments than the relevant industry award. The agreement will start operating 7 days after approval and expires on 30 November 2018.
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1 cited instrument linked from this judgment.
s.185 - Application for approval of a single-enterprise agreement
VISY RECYCLING - NSW AND ACT OPERATIONS ENTERPRISE AGREEMENT 2015
Application for approval of the Visy Recycling - NSW and ACT Operations Enterprise Agreement 2015.
[1] An application has been made by Visy Paper Pty Ltd (the applicant) for the approval of an enterprise agreement known as the Visy Recycling - NSW and ACT Operations Enterprise Agreement 2015 (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 Agreement covers all employees in NSW and ACT, with the exclusion of those employees who work at 6 Herbert Place Smithfield and 6-10 Burrows road South, St Peters, and who perform work relevant to the classifications in the Agreement. As per the requirement under s.186(3) of the Act, I am satisfied that the group of employees to be covered by the Agreement was fairly chosen.
[3] With respect to the better off overall test (BOOT) under s.186 of the Act, the terms and conditions under the Agreement are more beneficial than the Waste Management Award 2010, being the relevant reference instrument for the purposes of the BOOT, including:
[4] Taking into account the higher rates of pay and greater entitlements under the Agreement when compared to the Award, I am satisfied that the Agreement results in employees being better off under the Agreement.
[5] 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.
[6] The Agreement is approved. In accordance with s.54(1), the Agreement will operate 7 days from approval. The nominal expiry date of the Agreement is 30 November 2018.
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The Agreement is approved. In accordance with s.54(1), the Agreement will operate 7 days from approval. The nominal expiry date of the Agreement is 30 November 2018.