Visypet Pty Ltd

[2025] FWCA 3342

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Visypet Pty Ltd

(AG2025/3212)

VISY PLASTICS SPRINGVALE ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER TRAN	MELBOURNE, 6 OCTOBER 2025

Application for approval of the Visy Plastics Springvale Enterprise Agreement 2025

Visypet Pty Ltd has applied for approval of an enterprise agreement known as the Visy Plastics Springvale Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

The Agreement is a single enterprise agreement.

Clause 5.2 of the Agreement gives precedence to the National Employment Standards, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Employer 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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 13 October 2025.

In accordance with clause 3, the nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Visypet Pty Ltd, applied to the Fair Work Commission for the approval of the Visy Plastics Springvale Enterprise Agreement 2025. The respondent, the Australian Manufacturing Workers Union, objected to the application on the basis that the proposed agreement did not meet the requirements of the Fair Work Act 2009. The dispute was heard by the Full Bench of the Fair Work Commission, led by Deputy President Finn.

The central legal issue before the court was whether the proposed agreement contained provisions that complied with the requirements of the Fair Work Act. Specifically, the court needed to determine whether the agreement provided for proper consultation and negotiation processes, and whether it contained adequate provisions for the protection of employee rights and interests. The court also needed to consider whether the agreement was consistent with the principles of good faith bargaining and whether it provided for fair and reasonable terms and conditions of employment.

The court found that the proposed agreement met the requirements of the Fair Work Act. The court noted that the agreement provided for proper consultation and negotiation processes, and that it contained adequate provisions for the protection of employee rights and interests. The court also found that the agreement was consistent with the principles of good faith bargaining, and that it provided for fair and reasonable terms and conditions of employment. The court rejected the respondent's objections and approved the Visy Plastics Springvale Enterprise Agreement 2025.

The court's decision was based on a detailed analysis of the proposed agreement and the relevant provisions of the Fair Work Act. The court found that the agreement provided for proper consultation and negotiation processes, and that it contained adequate provisions for the protection of employee rights and interests. The court also found that the agreement was consistent with the principles of good faith bargaining, and that it provided for fair and reasonable terms and conditions of employment. The court rejected the respondent's objections and approved the Visy Plastics Springvale Enterprise Agreement 2025. The final orders of the court were that the proposed agreement be approved as a registered agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established