Application for approval of the Allnex - Botany - Enterprise Agreement 2025

[1] This decision concerns an application for approval of the Allnex - Botany - Enterprise Agreement 2025 (the Agreement). The application has been made under section 185 of the Fair Work Act 2009 (the FW Act), by Allnex Resins Australia Pty Ltd t/a Allnex (the Applicant). The Agreement is a single enterprise agreement.

[2] The Fair Work Commission must approve the Agreement if the requirements in sections 186 and 187 of the FW Act are met.

[3] In considering the application, I raised several issues with the Applicant and The Australian Workers' Union (AWU), which was the only bargaining representative for the Agreement. I am satisfied with the response provided to those issues.

[4] Section 186(2)(c) of the FW Act requires the Fair Work Commission to be satisfied that the terms of the Agreement do not contravene section 55 of the FW Act. In considering the application, I raised a concern with the Applicant and the AWU about the evidence requirements for taking personal (sick and carers) leave in clause 20(j) of the Agreement and the notification requirements for taking such leave in clause 20(k) of the Agreement. The concern being that those requirements may be inconsistent with the National Employment Standards (NES). I sought the views of the Applicant and the AWU as to whether the Applicant wished to rely upon clause 6 of the Agreement, which may be best described as a NES precedence clause, to address the potential inconsistency. The Applicant confirmed that it did. The AWU and the other bargaining representatives did not express a view. Such confirmation by the Applicant resolves this concern.

[5] Based on the material provided, each of the requirements of the FW Act that are relevant to this Agreement are satisfied.

[6] Section 201 of the FW Act requires the approval decision to note certain matters. The only matter is that The Australian Workers' Union has given the Fair Work Commission a notice under section 183(1) of the FW Act that it wants the Agreement to cover it. In accordance with section 201(2) of the FW Act, I note that the Agreement covers The Australian Workers' Union.

The Agreement is approved and, in accordance with section 54 of the FW Act, it will operate from 30 January 2026. The nominal expiry date of the Agreement is 31 May 2028.

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