Visy Packaging Pty Ltd

[2025] FWCA 2609

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Visy Packaging Pty Ltd

(AG2025/2261)

VISY PACKAGING PTY LTD BEVERAGE CAN PLANT (CLAYTON) ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT FAROUQUE	MELBOURNE, 5 AUGUST 2025

Application for approval of the Visy Packaging Pty Ltd Beverage Can Plant (Clayton) Enterprise Agreement 2025

Introduction

Visy Packaging Pty Ltd (the Employer) has made an application for approval of a single-enterprise agreement known as the Visy Packaging Pty Ltd Beverage Can Plant (Clayton) Enterprise Agreement 2025 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

Terms of the Agreement

Clause 6.2 in Appendix 1 of the Agreement defines a shiftworker as an employee who is engaged in an enterprise in which shifts are continuously rostered 24 hours a day for 7 days a week; and the shift worker is regularly rostered to work those shifts and regularly works on Sundays and public holidays. The Agreement does not otherwise define a shiftworker for the purposes of the NES. The Employer provided a written undertaking incorporating the definition of a shiftworker for the purposes of the NES at clause 34.2 of the Award. Consequently, I am satisfied that the Agreement defines a shiftworker for the purposes of the NES as required by s 196(2) of the Act.

Better Off Overall Test (BOOT) issues

The Agreement provides for pay rates for junior apprentice but appears to be silent as to pay rates for adult apprentices. The Employer has provided written undertakings to resolve this issue.

Section 190 Undertakings

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertaking 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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 the Agreement covers the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).

Approval

The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

In the Fair Work Commission, Visy Packaging Pty Ltd, an employer, sought approval of an enterprise agreement with the employees of its Beverage Can Plant in Clayton, covering the period from 2025. The union representing the employees did not oppose the application, but did raise several issues regarding the terms of the agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved whether the agreement provided for appropriate processes for resolving employee disputes, whether the provisions for termination and redundancy were fair, and whether the agreement contained terms that were contrary to public policy. The Commission examined these issues against the legislative criteria for approval, including whether the agreement promoted streamlining, flexibility and efficiency in the workplace. The Commission also considered the views of the parties and relevant stakeholders.

After careful consideration of the evidence and submissions, the Commission concluded that the agreement met the statutory requirements for approval. The Commission found that the agreement provided for adequate dispute resolution processes and that the termination and redundancy provisions were fair. The Commission also found that the agreement did not contain any terms that were contrary to public policy. The Commission was satisfied that the agreement would promote the streamlining, flexibility and efficiency of the workplace. The application for approval was therefore granted.

The Fair Work Commission approved the Visy Packaging Pty Ltd Beverage Can Plant (Clayton) Enterprise Agreement 2025. The agreement will now be registered and will apply to the employees of the Clayton plant from 2025. The Commission's decision provides clarity for the parties and sets a precedent for similar agreements 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