Visy Logistics Pty Ltd Summary

[2025] FWCA 1236

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Visy Logistics Pty Ltd

(AG2025/921)

VISY LOGISTICS PTY LTD NSW METROPOLITAN DRIVERS AND WAREHOUSE ENTERPRISE AGREEMENT 2024

Road transport industry
COMMISSIONER CRAWFORD	SYDNEY, 14 APRIL 2025

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

An application has been made for approval of an enterprise agreement known as the Visy Logistics Pty Ltd NSW Metropolitan Drivers and Warehouse Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Visy Logistics Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

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

The Agreement is approved and will operate from 21 April 2025 in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 September 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Logistics Pty Ltd applied to the Fair Work Commission to have their NSW Metropolitan Drivers and Warehouse Enterprise Agreement 2024 approved. The application was made under section 234 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for drivers and warehouse workers within the company's metropolitan operations in New South Wales. The applicants sought to establish an agreement that would govern wages, hours, and other employment conditions for these workers.

The court needed to decide whether the agreement met the requirements of the Fair Work Act, particularly if it provided for minimum terms and conditions, and whether it was made in good faith and without coercion. The court also had to consider if the agreement contained provisions that were contrary to public policy or if it failed to provide adequately for the health, safety, and welfare of employees. The central issue was whether the agreement was a "better off overall test" agreement, ensuring that the employees were not worse off than under the applicable award or safety net.

The Fair Work Commission found that the agreement contained terms that were consistent with the statutory requirements and did not contravene any public policy considerations. The agreement provided for fair wages, reasonable working hours, and included provisions for health and safety. The commission was satisfied that the agreement was made in good faith and without coercion. The employees would not be worse off under the agreement than they would be under the relevant award or safety net provisions. Consequently, the commission approved the application and certified the agreement as a registered enterprise agreement.

Visy Logistics Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established