Application for approval of the Ecolab Pty Ltd and Transport Workers Union Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Ecolab Pty Ltd and Transport Workers Union Enterprise Agreement 2025 (Agreement). The Application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Ecolab Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

[4] Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

• Casual conversion: The Agreement does not provide a process for casual conversion. The NES outlines a process for casuals to full-time or part-time employees under s.66B(1)(b) of the Act, stating that casual conversion is possible if the employee is employed for 12 months and working regular patter for 6 months.

• Family and domestic violence leave: The Agreement is silent on family and domestic violence leave. Section 106(a) of the Act states that employees will be entitled to 10 days of paid family and domestic violence leave in a 12 month period.

• Redundancy pay: Clause 10.3 states 'where an employee is transferred to an alternative position, no liability for redundancy payment arises.' This is more restrictive than s.120 of the Act, whereby the employer may make an application to the Fair Work Commission to vary redundancy pay where the employer obtains other acceptable employment for the employees.

[6] However, noting clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Transport Workers Union (TWU) being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.

[8] The Agreement is approved, and in accordance with s.54, of the Act will operate from 11 February 2026. The nominal expiry date of the Agreement is 31 May 2028.

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