Visy Logistics Pty Ltd Summary

[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

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.

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Visy Logistics Pty Ltd and its employees. The dispute centred around the application for approval of the Visy Logistics Pty Ltd South Australian Metropolitan Drivers and Warehouse Enterprise Agreement 2024. The company sought to have the agreement ratified, which would then provide a framework for the terms and conditions of employment for its drivers and warehouse workers in South Australia. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was a "good faith" bargain and whether it met the criteria for approval as set out in the Fair Work Act. The company argued that the agreement had been negotiated in good faith and provided fair and reasonable terms for both parties. The employees, represented by their union, contended that certain aspects of the agreement did not adequately address their needs and concerns. The Commission needed to assess the negotiation process, the content of the agreement, and whether it contained the necessary safety nets to ensure fairness.

The Commission, after reviewing the evidence and submissions from both parties, found that the agreement had been negotiated in good faith and contained terms that were fair and reasonable. The Commission determined that the agreement met the statutory requirements for approval. The Commission noted that while there were areas of contention, the overall balance of the agreement was fair and appropriate given the context and negotiations. Therefore, the application for approval was successful.

The Commission approved the Visy Logistics Pty Ltd South Australian Metropolitan Drivers and Warehouse Enterprise Agreement 2024, effective from the date of the decision. This decision provides certainty for both the company and its employees, ensuring that the terms of employment are governed by an agreement that has been fairly negotiated and is in compliance with the statutory requirements.

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