Visy Logistics Pty Ltd

[2025] FWCA 2925

[2025] FWCA 2925

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Visy Logistics Pty Ltd

(AG2025/2358)

VISY LOGISTICS PTY LTD SOUTH AUSTRALIAN METROPOLITAN DRIVERS AND WAREHOUSE ENTERPRISE AGREEMENT 2024

Road transport industry
COMMISSIONER THORNTON	ADELAIDE, 29 AUGUST 2025

Application for approval of the Visy Logistics Pty Ltd South Australian Metropolitan Drivers and Warehouse Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Visy Logistics Pty Ltd South Australian Metropolitan Drivers and Warehouse 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 Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The copy of the Agreement filed with the application for approval did not contain a signature page compliant with s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009. The copy of the Agreement filed also contained a numbering error. An amended copy of the Agreement was subsequently provided to the Commission that resolved the numbering error and contained an amended signature page that met the requirements of the Act and Regulations. I consider it appropriate in the circumstances to allow the amendment pursuant to s.586(a) of the Act.

1. The Applicant has provided written undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. I note that clause 18.4(d) regarding the grounds on which carers leave is available and clause 18.4(g) regarding the notice given for the taking of carers leave may be inconsistent with the National Employment Standards (NES). Noting clause 8 of the Agreement which gives precedence to the NES, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Transport Workers’ Union (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the TWU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 5 September 2025. The nominal expiry date of the Agreement is 30 September 2027.

COMMISSIONER

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ANNEXURE A