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austlii:cth/FWCA/2025/2140
General information, not legal advice.
FWCA
2025-06-30
Original judgment source is linked above.
s.185 - Enterprise agreement
Application for approval of the Cree8 Pty Ltd Enterprise Agreement 2025
[1] Cree8 Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Cree8 Pty Ltd Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 16 May 2025 and the Agreement was made on 10 June 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.
[3] I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[4]
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2025. The nominal expiry date of the Agreement is 30 June 2029.
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