austlii:cth/FWCA/2026/640
General information, not legal advice.
FWCA
2026-03-13
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Allnex Resins Australia Pty Ltd Trading AS Allnex
ALLNEX - DANDENONG SOUTH - SITE ENTERPRISE AGREEMENT 2025
Application for approval of the Allnex - Dandenong South - Site Enterprise Agreement 2025.
[1] An application has been made for approval of an enterprise agreement known as the Allnex - Dandenong South - Site Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Allnex Resins Australia Pty Ltd Trading AS Allnex (the Applicant). The Agreement is a single enterprise agreement.
[2] I note that Clause 35 of the Agreement is inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 14 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
[3] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by clause 40A of the Manufacturing & Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.
[4] "The Australian Workers' Union", being a bargaining representative for the Agreement, 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 that the Agreement covers this organisation.
[5] I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 October 2028.

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