[1] Baron Rubber Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Baron Rubber Pty Ltd Agreement 2025-2026 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

[2] The Employer 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 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

[4] The United Workers' Union (UWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

[5] In accordance with s.201(2) of the FW Act, I note that the Agreement covers the UWU.

[6] The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 16 February 2026. The nominal expiry date of the Agreement is 14 December 2027.

[7] I am satisfied that clause 2 of the Agreement contains an obvious error as contemplated by s.218A in that the cross referencing to the classification clause is incorrect. I consider that I should exercise my discretion to amend the Agreement by deleting clause 2 and inserting in its place:

"2. This agreement shall apply to all employees of Baron Rubber Pty Ltd engaged at the company's workplace at 11 Northcorp Boulevard, Broadmeadows 3047 and 5 - 15 Lakeside Drive, Broadmeadows 3047 and who are engaged in a classification which falls within the classification structure set out in Clause 14 of this Agreement."

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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