Application for approval of the Enaex Australia Savage River Enterprise Agreement 2025

[1] Enaex Australia Pty Ltd has applied for approval of an enterprise agreement known as the Enaex Australia Savage River Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

[2] The Agreement is a single enterprise agreement.

[3] I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

• Clause 2.4.3 - Redundancy

• Clause 5.1 - Annual leave

• Clause 5.2.3 - Personal leave (Notice)

• Clause 5.2.3 - Personal Leave (Evidence)

• Clause 5.3 - Compassionate Leave

[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 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.

[6] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[7] The agreement's delegates rights term in clause 6.8 is less favourable than the term in the award because it does not provide for an entitlement to reasonable communication or entitlement to reasonable access to the workplace and workplace facilities. Under s 205A(2) of the Act, the workplace delegates' rights term in Clause 27A of the Mining Industry Award 2020 is taken to be a term of the Agreement.

[8] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the AMWU.

[9] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 19 March 2026

[10] In accordance with clause 1.4, the nominal expiry date of the Agreement is 23 May 2028.

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