Visy Packaging Pty Ltd T/A Visy Beverage Can

Case

[2025] FWCA 147

15 JANUARY 2025


[2025] FWCA 147

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Visy Packaging Pty Ltd T/A Visy Beverage Can

(AG2024/5087)

VISY BEVERAGE CAN (SMITHFIELD) COLLECTIVE AGREEMENT 2024

Manufacturing and associated industries

COMMISSIONER P RYAN

SYDNEY, 15 JANUARY 2025

Application for approval of the Visy Beverage Can (Smithfield) Collective Agreement 2024

  1. Visy Packaging Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Visy Beverage Can (Smithfield) Collective Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

  1. The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

Section 183 Bargaining Representative

  1. 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 FW Act that it wants the Agreement to cover it.

  1. In accordance with s.201(2), I note that the Agreement covers the AMWU.


Approval

  1. The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 22 January 2025. The nominal expiry date of the Agreement is 31 July 2027.


COMMISSIONER

Annexure A


[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

<AE527609  PR783326>

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