VISY PACKAGING PTY LTD BEVERAGE CAN PLANT (CLAYTON) ENTERPRISE AGREEMENT 2025

Application for approval of the Visy Packaging Pty Ltd Beverage Can Plant (Clayton) Enterprise Agreement 2025

[1] Visy Packaging Pty Ltd (the Employer) has made an application for approval of a single-enterprise agreement known as the Visy Packaging Pty Ltd Beverage Can Plant (Clayton) Enterprise Agreement 2025 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Clause 6.2 in Appendix 1 of the Agreement defines a shiftworker as an employee who is engaged in an enterprise in which shifts are continuously rostered 24 hours a day for 7 days a week; and the shift worker is regularly rostered to work those shifts and regularly works on Sundays and public holidays. The Agreement does not otherwise define a shiftworker for the purposes of the NES. The Employer provided a written undertaking incorporating the definition of a shiftworker for the purposes of the NES at clause 34.2 of the Award. Consequently, I am satisfied that the Agreement defines a shiftworker for the purposes of the NES as required by s 196(2) of the Act.

[3] The Agreement provides for pay rates for junior apprentice but appears to be silent as to pay rates for adult apprentices. The Employer has provided written undertakings to resolve this issue.

Section 190 Undertakings

[4] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertaking 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. The undertakings are taken to be a term of the Agreement.   

Section 186, 187, 188 and 190

[5] Subject to the undertakings referred to above, 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.  

Section 183 Bargaining Representatives

[6] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), 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), I note the Agreement covers the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU).

[7] The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.   

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