Visy Packaging Pty Ltd Summary

[2025] FWCA 2075

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Visy Packaging Pty Ltd

(AG2025/1699)

VISY PACKAGING PTY LIMITED (SHEPPARTON) ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER PERICA	MELBOURNE, 25 JUNE 2025

Application for approval of the Visy Packaging Pty Limited (Shepparton) Enterprise Agreement 2025

An application has been made by Visy Packaging Pty Limited (Visy) under s 185 for approval of an enterprise agreement known as the Visy Packaging Pty Limited (Shepparton) Enterprise Agreement 2025 (the Agreement). The Agreement is a single enterprise agreement.

The version of the Agreement voted up by employees contains at clause 3 the address “…Doyles Road, Shepparton, Victoria 3644…”. Visy has informed the Commission that the postcode “3644” is a typographical error which should read “3630” and has provided a corrected copy of the Agreement which reads “…Doyles Road, Shepparton, Victoria 3630…”.

Under s 218A(2)(a), the Commission may, on its own initiative, exercise its power under s 218A(1) to “vary an enterprise agreement to correct or amend an obvious error, defect or irregularity (whether in substance or form)”.

The “3644” postcode does not correspond to Shepparton. The postcode for Shepparton is “3630”. It follows the address containing the “3644” postcode is an obvious error. I can therefore amend clause 3 of the Agreement to read: “This Agreement shall apply to all employees of Visy Packaging Pty Limited (the “Company” or the “Employer”), engaged at any of the locations situated at 1 Wheeler Street, or at Doyles Road, Shepparton, Victoria 3630, (collectively the “Premises” or the “Plant”) who undertake work within the scope of coverage of the Manufacturing and Associated Industries and Occupations Award 2020 (the “Award”).”

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 25 June 2025. It will operate from 2 July 2025 as required by section 54 of the Act. The nominal expiry date is 30 June 2028.

COMMISSIONER

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Annexure A

Visy Packaging Pty Ltd sought approval of an enterprise agreement in the Fair Work Commission. The dispute arose from negotiations between Visy and its employees, represented by the National Union of Workers. The agreement was aimed at setting out the terms and conditions of employment for workers at Visy's Shepparton facility. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees.

The primary legal issues before the Commission involved assessing whether the agreement contained the mandated "protected action provisions" and whether it met the "better off overall test." The protected action provisions ensure that employees have certain rights and protections, such as the right to take protected industrial action. The better off overall test required the Commission to determine if the employees would be better off with the proposed agreement than under the existing awards or agreements.

In its decision, the Commission found that the proposed agreement satisfied the protected action provisions and met the better off overall test. The Commission noted that the agreement provided a range of benefits to employees, including improved wages and conditions, which outweighed any potential disadvantages. The Commission was satisfied that the agreement was fair and reasonable and approved it, stating that it would better serve the interests of the employees involved. The Commission's approval concluded the legal process, allowing the enterprise agreement to take effect.

Visy Packaging Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established