Application for approval of the Dow Performance Materials (Australia) Pty Ltd (Geelong Operations) Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Dow Performance Materials (Australia) Pty Ltd (Geelong Operations) Enterprise Agreement 2025 (Agreement). The application was made by Dow Performance Materials (Australia) Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

[2] I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 5(d) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[3] On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

[4] The "Automotive, Foor, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and Construction, Forestry and Maritime Employees Union, being bargaining representatives for the Agreement, 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 the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2025. The nominal expiry date of the Agreement is 30 June 2029.

Printed by authority of the Commonwealth Government Printer