VISY LOGISTICS PTY LTD WESTERN AUSTRALIA METROPOLITAN DRIVERS AND WAREHOUSE ENTERPRISE AGREEMENT 2024

Application for approval of the Visy Logistics Pty Ltd Western Australia Metropolitan Drivers and Warehouse Enterprise Agreement 2024

[1] Visy Logistics Pty Ltd Trading AS Visy Logistics (the Applicant) has made an application for the approval of an enterprise agreement known as the Visy Logistics Pty Ltd Western Australia Metropolitan Drivers and Warehouse Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] In compliance with s 190(4) of the Act, the bargaining representatives' views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

[5] I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

• (a) Clause 18.1(a) of the Agreement states that part-time employees are entitled to the equivalent of 1/13th of the number of normal hours worked during a four-week period. This may be more restrictive than s 87(2) of the Act, which provides that an employee's entitlement to paid annual leave accrues progressively during a year of service (other than periods of employment as a casual employee of the employer) according to the employee's ordinary hours of work, and accumulates from year to year.

• (b) Clause 18.4(c) states that an employee's entitlement to carer's leave is subject to the employee being responsible for the care or support to the person concerned. It further states 'in normal circumstances an employee is not entitled to take carer's leave where another person has taken leave to care for the same person'. This appears to be more restrictive than provided for in s 97 of the Act.

• (c) Clause 18.4(h) provides that all employees are required to notify the company of their inability to attend work as soon as practicable and not less than 2 hours prior to normal commencement of their shift. The clause further states that 'this will be taken to require the employee to notify his/her supervisor or other designated person by telephone before the start of the shift for which he/she will be absent' (cl 18.4(h)). This may be inconsistent with s 107 of the Act which provides for notice to be given as soon as reasonably practicable (which may be a time after the leave has started).

• (d) Clause 18.5 provides for compassionate leave, however, it appears to omit the entitlement to leave where an employee, their partner or spouse has a miscarriage or gives birth to a stillborn child. This may be more restrictive than s 104(1)(b)(c) of the Act.

• (e) Clause 20.1(g) of the Agreement provides that where an employee fails to give the required period of notice, the company has the right to withhold monies due to the employee to a maximum amount equal to the ordinary time rate of pay for the period of notice. This clause does not limit the source of monies deducted and therefore may restrict an employee's entitlement to payment of NES entitlements upon the termination of employment.

• (f) Clause 20.2 states that the absence of an employee for a continuous period of 3 days without authorisation, notification or a reasonable excuse shall be deemed to have abandoned their employment. This may be inconsistent with the NES at of the Act

[6] However, I am satisfied that under clause 8 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Transport Workers Union (the organisation), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[8] The Agreement was approved on 8 May 2025 and, in accordance with s 54, will operate from 15 May 2025. The nominal expiry date of the Agreement is 1 October 2027.

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