Application for approval of the Apave Australia WA Enterprise Agreement 2026

[1] Apave Metlabs Pty Ltd (the Applicant) has made an application, under section 185 of the Fair Work Act 2009 (Cth) (the Act), for the approval of a single enterprise agreement known as the Apave Australia WA Enterprise Agreement 2026 (the Agreement).

[2] The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] In compliance with section 190(4) of the Act, the bargaining representative's views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

[4] Clause 5 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

[5] Pursuant to section 205A(2) of the Act, the workplace delegates' rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

[6] The Australian Manufacturing Workers' Union (AMWU) wrote to the Commission requesting a copy of the application documents in this matter. Redacted copies of the documents requested were provided to the AMWU by the Commission on 26 February 2026. The Commission wrote the AMWU again on 3 March 2026, requesting it clarify if it was seeking to be heard in relation to the application, no response was received.

[7] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 23 March 2026. The nominal expiry date of the Agreement is 16 March 2030.

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