Application for approval of the Four Mile Pty Limited Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Four Mile Pty Limited Enterprise Agreement 2025(Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by Four Mile Pty Limited trading as 000407803 (Applicant). The Agreement is a single enterprise agreement.

[2] I note that clause 5.2 of the Agreement provides that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES. I am satisfied that this clause resolves any potential issue in relation to the operation of clause 7.2 of the Agreement.

[3] Appendix C of the Agreement contains a workplace delegates' rights term. On 17 December 2025 the Full Court of the Federal Court of Australia (Court) published a decision relating to delegates' rights terms in modern awards in the matter of[ ]Construction, Forestry and Maritime Employees Union v Australian Industry Group.11 [2025] FCAFC 187. Since that decision and in response to the conclusions of the Court, a Full Bench of the Commission[2] has determined that all modern awards are to be varied to include a new delegates' rights clause. This includes the Manufacturing and Associated Industries and Occupations Award 2020 which is the modern award underpinning the operation of the Agreement. The Full Bench determined that the operative date for the new clauses would be 1 July 2024. Submissions were sought on the effect of these decisions. I am of the view that the delegates' rights term in the Agreement is less favourable than the corresponding term that now appears in the Award[3] and in accordance with s.201(1A) of the Act, note that the delegates' rights term in the Award is taken to be a term of the Agreement.

[4] The Mining and Energy Union (MEU) lodged a Form F18 statutory declaration giving 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 MEU.

[5] On the basis of the material filed in support of the application I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval have been met.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2026.

[2] [2026] FWCFB 5.

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