Visy Packaging Pty Ltd T/A Visy Beverage Can Summary

[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

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

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

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

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.

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

Approval

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

CaseChat Overview and Summary

Visy Packaging Pty Ltd, trading as Visy Beverage Can, sought approval for the Visy Beverage Can (Smithfield) Collective Agreement 2024 from the Fair Work Commission. The dispute arose from the negotiation of a new enterprise agreement under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement met the requirements of the Act, including the "better off overall test" (BOOT), which ensures that employees are not worse off financially under the new agreement.

The court needed to determine if the agreement provided for terms and conditions that were at least as favourable as the existing terms, either through direct financial benefits or other compensatory advantages. This involved assessing the proposed changes to wages, penalty rates, leave entitlements, and other conditions. The Commission also considered whether the agreement was made in good faith, involved genuine bargaining, and adhered to the process outlined in the Act.

In its decision, the Fair Work Commission found that the Visy Beverage Can (Smithfield) Collective Agreement 2024 met all statutory requirements. The Commission concluded that the proposed changes would result in employees being better off overall, considering both direct financial improvements and other benefits. The Commission also found that the agreement was the product of genuine bargaining and was in compliance with the Act's procedural and substantive requirements.

The Fair Work Commission approved the Visy Beverage Can (Smithfield) Collective Agreement 2024, effective from the date of the decision. This approval means that the terms and conditions set out in the agreement will govern the employment of relevant employees from that date.

Visy Packaging Pty Ltd T/A Visy Beverage Can

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established