[1] Dubois Chemicals Australia Pty Ltd (the Employer) has made an application for approval of a single-enterprise agreement known as the DCA Enterprise Agreement 2025 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).   

[2] The Agreement does not contain a Workplace Delegates Rights Term as required by s.205A of the Act. The Workplace Delegates Rights Term at clause 40A of Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.   

[3] I note that some provisions of the Agreement, being clause 17.1(a) (Annual leave), 17.2(f) (Compassionate leave) and 21 (Redundancy) may be inconsistent with the National Employment Standards (NES). However, clause 3 of the Agreement operates to provide that more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. Consequently, I am satisfied that the terms of the Agreement do not contravene s 55 of the Act.

[4] The Employer 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. The undertakings are taken to be a term of the Agreement.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.

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