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[7]
austlii:cth/FWCA/2025/4289
General information, not legal advice.
FWCA
2025-12-15
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
VISY GLASS ADELAIDE ENTERPRISE AGREEMENT (MECHANICAL MAINTENANCE) 2025
Application for approval of the Visy Glass Adelaide Enterprise Agreement (Mechanical Maintenance) 2025
[1] An application has been made for approval of an enterprise agreement known as the Visy Glass Adelaide Enterprise Agreement (Mechanical Maintenance) 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] The Applicant 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.
[3] 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.
[4] I observe that the following clauses may be inconsistent with the National Employment Standards (NES):
Clause 6.3.8 insofar as it relates to termination for gross insubordination; and
Clause 4.3.1 insofar as it appears to limit the taking of more than 5 days of annual leave at a time or more than 5 single days of annual leave.
[5] However, noting Clause 1.4.3 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.
[6] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) 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 AMWU.
[7] The Agreement is approved and will operate in accordance with s.54 of the Act from 22 December 2025. The nominal expiry date of the Agreement is 31 July 2028.
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