Visy Paper Pty Ltd Trading As Visy Recycling Summary

[2025] FWCA 971

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Visy Paper Pty Ltd Trading As Visy Recycling

(AG2025/690)

VISY RECYCLING (SPRINGVALE) ENTERPRISE AGREEMENT 2024

Waste management industry
COMMISSIONER YILMAZ	MELBOURNE, 20 MARCH 2025

Application for approval of the Visy Recycling (Springvale) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Visy Recycling (Springvale) 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 Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 27 March 2025. The nominal expiry date of the Agreement is 1 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by Visy Paper Pty Ltd, trading as Visy Recycling, for the approval of the Visy Recycling (Springvale) Enterprise Agreement 2024. The dispute centred on whether the agreement met the necessary legal standards and requirements for approval under the Fair Work Act 2009. The Fair Work Commission was the forum for the application.

The primary legal issues for the court were whether the agreement had been made in good faith, whether it included all the mandatory terms and conditions required by the Act, and whether it provided for appropriate processes for the resolution of disputes. Additionally, the court needed to assess if the agreement provided for adequate protections for employees, including those in relation to minimum wages, leave entitlements, and occupational health and safety.

The Fair Work Commission carefully reviewed the agreement against the statutory requirements. It found that the agreement was made in good faith and contained all the necessary mandatory terms. The commission also determined that the agreement provided sufficient mechanisms for the resolution of disputes and adequate protections for employees. Based on this analysis, the commission concluded that the agreement met all the legal criteria for approval. Consequently, the application was successful, and the Visy Recycling (Springvale) Enterprise Agreement 2024 was approved.

The orders of the commission were that the Visy Recycling (Springvale) Enterprise Agreement 2024 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to commence on the date of the commission's decision and would be registered with the Fair Work Commission. The approval was subject to the terms and conditions set out in the agreement, which would govern the employment relationship between Visy Recycling and its employees for the specified period.

Visy Paper Pty Ltd Trading As Visy Recycling

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established