austlii:cth/FWCA/2025/1236
General information, not legal advice.
FWCA
2025-04-14
Original judgment source is linked above.
VISY LOGISTICS PTY LTD NSW METROPOLITAN DRIVERS AND WAREHOUSE ENTERPRISE AGREEMENT 2024
Application for approval of the Visy Logistics Pty Ltd NSW Metropolitan Drivers and Warehouse Enterprise Agreement 2024
[1] An application has been made for approval of an enterprise agreement known as the Visy Logistics Pty Ltd NSW Metropolitan Drivers and Warehouse Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Visy Logistics Pty Ltd. The Agreement is a single enterprise agreement.
[2] I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.
[3] Noting clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.
[4] The Transport Workers' Union of Australia (TWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the TWU.
[5] The Agreement is approved and will operate from 21 April 2025 in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 30 September 2026.

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