Visy Packaging Pty Ltd
[2023] FWCA 1240
•1 MAY 2023
| [2023] FWCA 1240 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Visy Packaging Pty Ltd
(AG2023/1051)
VISY PACKAGING PTY LTD (WODONGA) ENTERPRISE AGREEMENT 2022
| Manufacturing and associated industries | |
| COMMISSIONER YILMAZ | MELBOURNE, 1 MAY 2023 |
Application for approval of the Visy Packaging Pty Ltd (Wodonga) Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Visy Packaging Pty Ltd (Wodonga) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Visy Packaging Pty Ltd. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
I observe that clause 35.2 of the Agreement, concerning Compassionate leave, is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Manufacturing Workers' Union 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 that the Agreement covers the organisation.
The Agreement is approved and in accordance with s.54, will operate from 8 May 2023. The nominal expiry date of the Agreement is 31 March 2026.
COMMISSIONER
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