Application for approval of the Black Rubber Retreading Pty Ltd & United Workers Union EnterpriseAgreement 2024

[1] An application has been made for approval of an enterprise agreement known as the Black Rubber Retreading Pty Ltd & United Workers Union Enterprise Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Black Rubber Retreading Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at 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 requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

[4] The Agreement does not contain a flexibility term compliant with the Act. Pursuant to s 202(4) of the Act and clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[5] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES:

• Clause 29.2 states "Black Rubber and the majority of Employees may agree to substitute another day or part-day for any Public Holiday." This appears to be inconsistent with s 115 of the Act which provides for substitution of public holidays by agreement between an employer and an individual employee.

• Clause 12.16 appears to contain the pre-26 August conversion scheme however does not make note of new employee choice conversion provisions which will be available to eligible employees from February 2025.

[6] The United Workers' Union (UWU) being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s 54 of the Act will operate from 4 November 2025. The nominal expiry date of the Agreement is 30 June 2027.

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