austlii:cth/FWCA/2025/3733
General information, not legal advice.
FWCA
2025-11-06
Original judgment source is linked above.
s.185 - Enterprise agreement
AUSTRALIAN LAMB COLAC MAINTENANCE AGREEMENT 2025
Application for approval of the Australian Lamb Colac Maintenance Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Australian Lamb Colac Maintenance Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Lamb Colac Pty Ltd. The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings 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.
[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of 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.
[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
[5] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 [MA000010] is taken to be a term of the Agreement.
[6] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, both being a bargaining representative for the Agreement, has each given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.
[7] The Agreement is approved and in accordance with s.54, will operate from 13 November 2025. The nominal expiry date of the Agreement is 1 July 2029.
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