Visy Paper Pty Ltd
[2025] FWCA 592
•14 FEBRUARY 2025
| [2025] FWCA 592 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Visy Paper Pty Ltd
(AG2024/5094)
VISY PAPER 8 - GIBSON ISLAND ENTERPRISE AGREEMENT 2024
| Timber and paper products industry | |
| DEPUTY PRESIDENT BUTLER | BRISBANE, 14 FEBRUARY 2025 |
Application for approval of the Visy Paper 8 - Gibson Island Enterprise Agreement 2024
Visy Paper Pty Ltd has applied for approval of an enterprise agreement known as the Visy Paper 8 - Gibson Island Enterprise Agreement 2024 (“the Agreement”). The Application was made under s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single enterprise agreement.
The Notice of Employee Representational Rights appears to have been in an earlier version of the relevant form. I am satisfied that this matter constituted a minor technical or procedural error for the purposes of section 188(5) of the Fair Work Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by this error.
Visy Paper Pty Ltd has given a written undertaking in accordance with section 190 of the Act. The undertaking is attached as Annexure A to this decision. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
With the undertaking now given, and after having regard to the Statement of Principles as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
Noting subclause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (“the NES”) in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Workers’ Union (“the AWU”) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
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