Visy Pulp And Paper Pty Ltd

[2025] FWCA 2820

[2025] FWCA 2820

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Visy Pulp And Paper Pty Ltd

(AG2025/2458)

VISY PULP & PAPER TUMUT ENTERPRISE AGREEMENT 2025

Timber and paper products industry
DEPUTY PRESIDENT GRAYSON	SYDNEY, 22 AUGUST 2025

Application for approval of the Visy Pulp & Paper Tumut Enterprise Agreement 2025

Introduction

1. Visy Pulp and Paper Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Visy Pulp & Paper Tumut Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 18 November 2024 and the Agreement was made on 11 July 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

National Employment Standards (NES) Precedence Term

1. Clause 28 of the Agreement contains an exhaustive list of public holidays that employees are entitled to but does not provide an entitlement to any other day or part-day declared or prescribed to be observed within a State or Territory, as provided by s.115(1)(b) of the Act.

1. Clause 32.4 of the Agreement is not subject to an application to the Fair Work Commission in accordance with s.120 of the Act. Clause 32.4 states that no entitlement to a severance payment will arise in relation to the redundancy of a particular position if:

a) the Company is able to offer continuing employment with Visy Group by way of a redeployment to a suitable alternative role at the Tumut mill or another site that is not unreasonably distant; or

b) the Employee is notified or a roster change in accordance with clause 12.4, irrespective of whether or not the Employee accepts the redeployment or roster change (as the case may be).

1. These clauses may be inconsistent with the National Employment Standards (NES). I note that in accordance with the NES precedence term in Clause 6 of the Agreement, these clauses will be read and interpreted in conjunction with the NES.

Section 190 Undertakings

1. The employer provided written undertakings. A copy of the undertakings 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

1. Subject to the undertakings referred to above, and having had regard to the Statement of Principles on Genuine Agreement, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

1. The Construction, Forestry and Maritime Employees Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

1. In accordance with s.201(2), I note that the Agreement covers the CFMEU.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2025. The nominal expiry date of the Agreement is 31 January 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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ANNEXURE