Application for approval of the Visy Plastics - Smithfield Employees Enterprise Agreement, 2025

[1] An application has been made by Visypet Pty Ltd (Applicant) for approval of an enterprise agreement known as the the Visy Plastics - Smithfield Employees Enterprise Agreement, 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

[2] Sections 186(2)(d) requires the Commission to be satisfied the agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s. 193A.

[3] Issues were raised with the Applicant as to whether the Agreement passed the BOOT. In response, the Applicant has provided undertakings.

[4] A copy of the undertakings is attached (Annexure A). In accordance with s. 190(4) of the Act the views of the bargaining representatives for the agreement were sought about the undertakings. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

[5] The Australian Workers Union (AWU) raised a number of concerns about which I sought the Applicant's views. Having considered those concerns and the responses provided I am of the view, taking the global approach to the BOOT required by s. 193A, that none of the concerns are an obstacle to the approval of the agreement.

[6] Having regard to the undertakings and the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

[7] The AWU was a bargaining representative for the Agreement and has given 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

[8] The Agreement was approved on 9 February 2026 and will operate from 16 February 2026 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 July 2028.

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