[1] BTP Parts Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the BTP Enterprise Agreement 2026 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] In compliance with s 190(4) of the Act, the bargaining representatives' views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

[5] I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

• (a) Clause 14.6 of the Agreement states that an employee who has abandoned their employment is not entitled to payment of notice of termination in accordance with s 117-123 of the Act; and

• (b) Clause 22 of the Agreement provides for compassionate leave; however it is silent is relation to the entitlement to when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. This may be inconsistent with s 104(1)(c) of the Act.

[6] However, I am satisfied that under clause 6.1 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement does not contain a delegates' rights term, as required by s 205A(1) of the Act. Under s 205A(2), the workplace delegates' rights term in Clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

[8] The Agreement was approved on 24 March 2026 and, in accordance with s 54, will operate from 31 March 2026 The nominal expiry date of the Agreement is 31 March 2029.

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