Visy Packaging Pty Ltd

[2025] FWCA 3177

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Visy Packaging Pty Ltd

(AG2025/3040)

VISY PACKAGING PTY LTD (FOOD PLASTICS - CLAYTON) ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT LAKE	BRISBANE, 19 SEPTEMBER 2025

Application for approval of the Visy Packaging Pty Ltd (Food Plastics - Clayton) Enterprise Agreement 2025

Visy Packaging Pty Ltd (the Applicant) made an application for approval of an enterprise agreement known as the Visy Packaging Pty Ltd (Food Plastics - Clayton) Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The United Workers Union (UWU) 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 UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Visy Packaging Pty Ltd sought approval of an enterprise agreement with its employees, a matter which was before the Fair Work Commission. The dispute centred on the terms and conditions of employment as set out in the proposed agreement, which the company aimed to have approved and enforced. The Fair Work Commission, as the relevant authority, was tasked with evaluating the application to ensure the agreement complied with the relevant legislative framework.

The primary legal issue before the Commission was whether the proposed enterprise agreement adhered to the requirements of the Fair Work Act 2009. This involved assessing whether the agreement was made in good faith, whether it met the criteria for being a "single interest" employer agreement, and if it complied with the provisions regarding the protection of employees' rights and entitlements. The Commission also had to consider whether the agreement was procedurally sound, having been properly negotiated and agreed upon by the parties.

In delivering its decision, the Fair Work Commission examined the evidence and submissions provided by both Visy Packaging and the employees' representatives. The Commission concluded that the proposed agreement was made in good faith and was procedurally sound. It found that the agreement contained terms and conditions that were fair and reasonable, and that it complied with all the statutory requirements. Consequently, the Commission approved the Visy Packaging Pty Ltd (Food Plastics - Clayton) Enterprise Agreement 2025, enabling it to be enforced as a binding agreement between the parties.

The final orders of the Commission included the approval of the enterprise agreement, which would now govern the employment terms and conditions of the employees covered by the agreement. The Commission also made orders to ensure ongoing compliance and to provide for the resolution of any disputes that might arise in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established