Visy Paper Pty Ltd T/A Visy Recycling

[2025] FWCA 2088

[2025] FWCA 2088

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Visy Paper Pty Ltd T/A Visy Recycling

(AG2025/1760)

VISY RECYCLING SOUTH AUSTRALIAN ENTERPRISE AGREEMENT 2024

Waste management industry

COMMISSIONER ROGERS

ADELAIDE, 25 JUNE 2025

Application for approval of the Visy Recycling South Australian Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Visy Recycling South Australian Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Visy Paper Pty Ltd trading as Visy Recycling (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings, a copy of which 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

   ·    Clause 16 provides that the maximum hours of work for day workers are 38.0 hours per week but it is unclear if this also applies to shift workers;

   ·   Clause 21(a) provides annual leave in days instead of weeks; and

   ·   Clause 27(b) states employees may be required to work the majority of public holidays as directed by the Company, however, this clause does not state that the request must be reasonable.

1. However, noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 AMWU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 2 July 2025. The nominal expiry date of the Agreement is 31 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE529473  PR788581>

Annexure A