Visy Board Pty Ltd
[2024] FWCA 3961
•13 NOVEMBER 2024
| [2024] FWCA 3961 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s 185—Enterprise agreement
Visy Board Pty Ltd
(AG2024/3931)
VISY BOARD CAROLE PARK QUEENSLAND AGREEMENT 2024
| Graphic Arts | |
| COMMISSIONER SLOAN | SYDNEY, 13 NOVEMBER 2024 |
Application for approval of the Visy Board Carole Park Queensland Agreement 2024
Visy Board Pty Ltd (“the Employer”) has made an application for approval of an enterprise agreement known as the Visy Board Carole Park Queensland Agreement 2024 (“Agreement”), pursuant to s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”, known as the Australian Manufacturing Workers’ Union (“AMWU”), was a bargaining representative for the Agreement. It supports the Commission approving the Agreement.
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.
The Commission sought the views of the AMWU and of the employee bargaining representatives in respect of the undertakings.
Pursuant to s 190(3) of the Act, I accept the undertakings. The undertakings are taken to be a term of the Agreement.
Clause 22 of the Agreement provides that “parental leave will be provided as prescribed by the Visy Parental Leave Policy”. I have not seen that policy. However, in the declaration accompanying the application, the Employer stated that the policy does not reduce the entitlements that an employee would have under the National Employment Standards (“NES”). I also observe that cl 7 of the Agreement provides that nothing in the Agreement will undermine the NES.
Having regard to the undertakings, on the basis of the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 20 November 2024. The nominal expiry date of the Agreement is 30 June 2027.
COMMISSIONER
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Annexure A
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