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austlii:cth/FWCA/2025/1627
General information, not legal advice.
FWCA
2025-05-15
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
EUROFINS ENVIRONMENT TESTING AUSTRALIA AGREEMENT 2024-2027
Application for approval of the Eurofins Environment Testing Australia Agreement 2024 - 2027
[1] Eurofins Environment Testing Australia Pty Ltd (ABN: 50 005 085 521) has applied for approval of an enterprise agreement known as the Eurofins Environment Testing Australia Agreement 2024-2027 under s 185 of the Fair Work Act 2009.
[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:
Compassionate leave: Clause 20.4 is silent in relation to the entitlement when the employee, their spouse or de facto partner has a miscarriage or gives birth to a stillborn child.
Withholding monies at termination: Clause 6.4.2 may allow for deductions from payments due under the NES.
[4] I note clause 2.5 of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] I note that Clause 6.4.2 provides for potential deductions from wages that may not be a permitted deduction in accordance with s 324, and may be of no effect to the extent that it offends s 326 of the Act
[6] The Employer has provided written undertakings. 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.
[7] 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.
[8] 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 22 May 2025.
[10] In accordance with clause 5.2, the nominal expiry date of the Agreement is 15 May 2028.
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