Visy Logistics No 2 Pty Ltd T/A Visy Logistics Summary

[2025] FWCA 3463

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Visy Logistics No 2 Pty Ltd T/A Visy Logistics

(AG2025/3454)

VISY LOGISTICS (SHEPPARTON WAREHOUSE AND LOCAL) ENTERPRISE AGREEMENT 2024

Road transport industry
COMMISSIONER CLARKE	MELBOURNE, 17 OCTOBER 2025

Application for approval of the Visy Logistics (Shepparton Warehouse and Local) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Visy Logistics (Shepparton Warehouse and Local) Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Visy Logistics No 2 Pty Ltd T/A Visy Logistics. The Agreement is a single enterprise agreement.

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.

The Transport Workers Union of Australia (NSW/Queensland/Vic/Tas Interim Govt Branch) 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.

I observe that Clause 29.4 of the Agreement, which requires an employee to notify an absence to their Supervisor/Manager prior to the commencement of a shift, is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 October 2025. The nominal expiry date of the Agreement is 31 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Logistics No 2 Pty Ltd, trading as Visy Logistics, applied to the Fair Work Commission for the approval of the Visy Logistics (Shepparton Warehouse and Local) Enterprise Agreement 2024. The application was made under section 232 of the Fair Work Act 2009. The nature of the dispute was whether the enterprise agreement met the requirements for registration under the Act, including whether it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The court was required to decide whether the enterprise agreement provided for the terms and conditions of employment in a fair and reasonable manner. The court also had to consider whether the agreement provided for minimum terms and conditions as required by the Act, and whether it complied with the provisions of the Act relating to the resolution of disputes. The court had to ensure that the agreement did not discriminate against any particular group of employees and that it provided for appropriate mechanisms for the resolution of disputes.

The Fair Work Commission found that the enterprise agreement met the requirements for registration under the Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement, and that it complied with the provisions of the Act relating to the resolution of disputes. The Commission also found that the agreement provided for minimum terms and conditions as required by the Act, and that it did not discriminate against any particular group of employees. The Commission approved the Visy Logistics (Shepparton Warehouse and Local) Enterprise Agreement 2024 under section 232 of the Fair Work Act 2009.

Visy Logistics No 2 Pty Ltd T/A Visy Logistics

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established