[1] An application has been made for approval of an enterprise agreement known as the Bradken Wodonga Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Bradken Resources Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss.186, 187 and 188 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).

[3] I observe that the following clause is likely to be inconsistent with the National Employment Standards (NES):

• Personal Leave: Clause 14.3 of the Agreement states that where personal leave is taken before or after a public holiday, medical evidence, a statutory declaration, or other appropriate legal documentation is required. Clause 14.4 of the Agreement states that medical evidence is required where an absence extends over 2 consecutive days. Section 107 of the Act states that the evidence required to be filed to support the taking of personal/ carer's leave is evidence that would satisfy a reasonable person.

[4] However, noting clause 5.4 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.

[5] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union, the Australian Workers' Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement support the approval of the Agreement and 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.

[6] The Agreement is approved, and in accordance with s.54 of the Act, will operate from 7 November 2025. The nominal expiry date of the Agreement is 1 September 2028.

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