austlii:cth/FWCA/2025/4326
General information, not legal advice.
FWCA
2025-12-17
Original judgment source is linked above.
s.185 - Enterprise agreement
Barwon Asset Solutions Pty Ltd Trading AS Barwon Asset Solutions
BARWON ASSET SOLUTIONS TRADES ENTERPRISE AGREEMENT 2024
Barwon Asset Solutions Trades Enterprise Agreement 2024
[1] An application has been made for approval of an enterprise agreement known as the Barwon Asset Solutions Trades Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Barwon Asset Solutions Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
[2] The matter was allocated to my Chambers on 28 November 2025.
[3] I note that multiple clauses are inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 5.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
[4] The Applicant has provided written undertakings, dated 3 December 2025, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.
[5] 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, thus appearing to meet the requirements of s.190(3). The undertaking 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, and the "Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia", being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.
[7] I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.
[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 15 July 2027.

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