Ameropa Australia Pty Ltd Trading AS Impact Fertilisers Pty Ltd

Application for approval of the Ameropa Australia Enterprise Agreement 2024

[1] Ameropa Australia Pty Ltd trading as Impact Fertilisers Pty Ltd (the Employer) has made an application for approval of a single-enterprise agreement known as the Ameropa Australia Enterprise Agreement 2024 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

[2] I note that some provisions of the Agreement (being clause 29 (Public Holidays) and clause 32.5 (Redundancy) may be inconsistent with the National Employment Standards (NES). However, clause 6 (National Employment Standards) of the Agreement operates to provide that more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. Consequently, I am satisfied that the terms of the Agreement do not contravene s 55 of the Act.

Section 190 Undertakings

[3] The Employer has provided a written undertaking. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

[5] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), and The Australian Workers' Union (AWU), each being bargaining representatives for the Agreement, have given notice under s 183 of the Act that each wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and The Australian Workers' Union (AWU).

[6] The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.   

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