Applus Pty Ltd [2025] FWCA 1605 (14 May 2025)

[1] An application has been made for approval of an enterprise agreement known as the Applus Pty Ltd Offshore NDT & Inspection Greenfields Agreement 2025 (the Agreement). The application is made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied each of the requirements of ss.186 and 187 of the Act relevant to this application have been met. I am satisfied the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union is entitled to represent the industrial interests of the majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] I note the Agreement was made with the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union and the Agreement covers that organisation under s.53(2)(b).

[4] I observe that clause 16.3 of the Agreement does not extend the entitlement to Compassionate Leave where a child is stillborn, where the child would have been a member of the employee's immediate family, or a member of the employee's household, if the child had been born alive or where the employee, or where the employee's spouse or de facto partner, has a miscarriage. However, noting clause 4.1 of the Agreement, I am satisfied the more beneficial entitlements of the National Employment Standards will prevail where there is an inconsistency with the Agreement.

[5] I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in ss.186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

[6] The Agreement is approved, and in accordance with s.54 of the Act, will operate from 21 May 2025. The nominal expiry date of the Agreement is 1 July 2027.

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