Visy Paper Pty Ltd Trading AS Visy Recycling Pty Ltd

Case [2025] FWCA 3036
[2025] FWCA 3036

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

(AG2025/2858)

VISY RECYCLING – NSW AND ACT OPERATIONS ENTERPRISE AGREEMENT 2024

Waste management industry

DEPUTY PRESIDENT SLEVIN

SYDNEY, 8 SEPTEMBER 2025

Application for approval of the Visy Recycling – NSW and ACT Operations Enterprise Agreement 2024

  1. An application has been made by Visy Paper Pty Ltd (Applicant) for approval of an enterprise agreement known as the Visy Recycling – NSW and ACT Operations Enterprise Agreement 2024 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

  1. Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.  

  1. The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union Union (AMWU) was a bargaining representative for the Agreement and has given 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 was approved on 8 September 2025 and will operate in accordance with cl 3 of the Agreement. The nominal expiry date of the Agreement is 30 November 2027


DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE530377  PR791552>

Details
AGLC
Visy Paper Pty Ltd Trading AS Visy Recycling Pty Ltd [2025] FWCA 3036
Case
[2025] FWCA 3036
Decision Date

CaseChat Overview and Summary

Visy Paper Pty Ltd, trading as Visy Recycling Pty Ltd, sought approval of the Visy Recycling – NSW and ACT Operations Enterprise Agreement 2024. The Fair Work Commission heard the application and was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The central issue before the Commission was whether the enterprise agreement contained all the mandated minimum terms and conditions as specified by the legislation, and whether it was made in good faith and without coercion.

The Commission considered the provisions of the Fair Work Act and relevant case law to assess the agreement. It examined the content of the agreement to ensure it included the minimum terms and conditions required by the Act. The Commission also evaluated whether the agreement was made in good faith, considering the bargaining process and the context in which it was negotiated. The Commission found that the agreement met all the statutory requirements and was made without any coercion, fulfilling the good faith criterion.

The Fair Work Commission approved the Visy Recycling – NSW and ACT Operations Enterprise Agreement 2024, finding that it complied with the necessary legal standards. The Commission confirmed that the agreement contained all the mandated minimum terms and conditions and was made in good faith. This decision was based on a thorough examination of the agreement's provisions and the circumstances surrounding its negotiation.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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