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austlii:cth/FWCA/2026/152
General information, not legal advice.
FWCA
2026-01-28
Commissioner P
Original judgment source is linked above.
5B ADELAIDE MANUFACTURING OPERATIONS AGREEMENT 2025
Application for approval of the 5B Adelaide Manufacturing Operations Agreement 2025
[1] 5B Australia Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the 5B Adelaide Manufacturing Operations Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
[2] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.
[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues raised, and the Statement of Principles.[1]
[4] 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 FW Act that it wants the Agreement to cover it.
[5] In accordance with s.201(2) of the FW Act, I note that the Agreement covers the AMWU.
[6] The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 4 February 2026. Clause 5.2 of the Agreement states that the nominal expiry date of the Agreement is 3 years from the date the Agreement is made. Section 182 of the FW Act provides that an enterprise agreement is made when a majority of the employees covered by the agreement who cast a valid vote approve the agreement. The Form F17B Declaration stated that this occurred on 26 November 2025. Accordingly, the nominal expiry date is 26 November 2028.
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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