Application for approval of the Burra Foods Maintenance Enterprise (ETU) Agreement 2025-2028

[1] An application has been made for approval of an enterprise agreement known as the Burra Foods Maintenance (ETU) Enterprise Agreement 2025-2028 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Section 205A(2) has the effect that if an Agreement contains a delegates' rights term that is inferior to the delegates' rights term in the relevant Modern Award(s), the most favourable term of the relevant Modern Award(s) is "taken to be a term of the Agreement" under s 205A(2)(b). The inferior delegates' rights term in the Agreement is rendered a nullity and of "no effect" under s 205A(2)(a).

[3] Clause 43 of the Agreement provides for a delegates' rights term that is less favourable than the workplace delegates' rights term in the Awards. Pursuant to s 205A(2) of the Act, clause 40A of the Manufacturing and Associated Industrials and Occupations Award 2020 is taken to be a term of the Agreement.

[4] I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

[6] The Agreement is approved today 20 February 2026. It will operate from 27 February 2026 as required by section 54 of the Act. The nominal expiry date is 30 June 2028.

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