austlii:cth/FWCA/2025/3779
General information, not legal advice.
FWCA
2025-11-11
Original judgment source is linked above.
s.185 - Enterprise agreement
VISY GLASS YATALA (GLASSWORKERS) ENTERPRISE AGREEMENT 2025
Application for approval of the Visy Glass Yatala (Glassworkers) Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Visy Glass Yatala (Glassworkers) 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 Glass Operations (Australia) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
[2] I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.
[3] Noting clause 6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
[4] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.
[5] The Australian Workers' Union (AWU) lodged a Form F18 statutory declaration giving 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 AWU.
[6] The Agreement is approved and will operate in accordance with s.54 of the Act.
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