Application by Visy Paper Pty Ltd Trading AS Visy Recycling Pty Ltd
Citation: [2026] FWCA 2227
What happened
Visy Paper Pty Ltd, trading as Visy Recycling Pty Ltd, applied to the Fair Work Commission for approval of the Visy Recycling Carrara Enterprise Agreement 2026. The agreement is a single enterprise agreement. There were minor procedural errors in the Notice of Employee Representational Rights (NERR), including a misspelling of the agreement's name and changes to prescribed wording. The Transport Workers’ Union of Australia (TWU) indicated it wished the agreement to cover them.
What was decided
The Fair Work Commission approved the Visy Recycling Carrara Enterprise Agreement 2026, effective from August 24, 2026, and expiring on June 30, 2029. The Commission exercised its discretion under s.188(5) of the Fair Work Act 2009, finding the agreement would have been genuinely agreed to despite minor procedural departures. A clause regarding delegates’ rights was deemed ineffective, with the modern award’s provisions applying. The Commission accepted undertakings from Visy Paper Pty Ltd. Certain clauses were noted to be inconsistent with the National Employment Standards (NES), but the more beneficial NES entitlements will prevail.
What it means for employers
Employers should ensure meticulous attention to detail when preparing and distributing Notices of Employee Representational Rights (NERRs) for enterprise agreements. Even minor errors can trigger scrutiny. They must also ensure enterprise agreement terms are consistent with, or more beneficial than, the National Employment Standards (NES).
What it means for employees
Employees should be aware of their rights under the National Employment Standards (NES), as these will apply where enterprise agreements have inconsistent terms. The Transport Workers’ Union of Australia (TWU) is covered by this agreement.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections