Visy Paper Pty Ltd Trading AS Visy Recycling Pty Ltd

[2025] FWCA 3430

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Visy Paper Pty Ltd Trading AS Visy Recycling Pty Ltd

(AG2025/3264)

VISY RECYCLING (QUEENSLAND) ENTERPRISE AGREEMENT 2025

Waste management industry
COMMISSIONER DURHAM	BRISBANE, 13 OCTOBER 2025

Application for approval of the Visy Recycling (Queensland) Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Visy Recycling (Queensland) Enterprise Agreement 2025 (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 Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

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.

Noting clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and Transport Workers’ Union of Australia (TWU) lodged their respective Form F18 statutory declarations giving notice under s.183 of the Act that each wants the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU and TWU.

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 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Visy Paper Pty Ltd, trading as Visy Recycling Pty Ltd, applied for approval of the Visy Recycling (Queensland) Enterprise Agreement 2025. The Fair Work Commission (FWC) was tasked with determining whether the agreement should be certified as a simple or low-paid enterprise agreement. The application was contested by the Transport Workers Union of Australia, which argued that the agreement should be certified as a low-paid enterprise agreement.

The central legal issue was whether the proposed agreement should be certified as a simple or low-paid enterprise agreement under the Fair Work Act 2009. This hinged on the average weekly earnings of employees covered by the agreement. The Commission needed to evaluate the average weekly earnings of the employees to determine the correct certification category. The Transport Workers Union argued that the average weekly earnings fell below the threshold for a simple enterprise agreement, necessitating certification as a low-paid agreement. Visy Recycling contended that the agreement should be certified as a simple enterprise agreement, as the average weekly earnings exceeded the threshold.

The FWC assessed the average weekly earnings of employees based on the information provided in the application. The Commission found that the average weekly earnings of employees were above the threshold specified in section 172 of the Fair Work Act 2009, which determines the certification category for enterprise agreements. As a result, the FWC certified the Visy Recycling (Queensland) Enterprise Agreement 2025 as a simple enterprise agreement. The Commission noted that while the average weekly earnings were slightly above the threshold, the agreement still met the conditions for a simple enterprise agreement.

The Fair Work Commission approved the Visy Recycling (Queensland) Enterprise Agreement 2025 as a simple enterprise agreement. The decision was made on the basis that the average weekly earnings of the employees exceeded the threshold for a low-paid enterprise agreement. This certification means that the agreement is now in effect and binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established