[1] An application has been made for approval of an enterprise agreement known as the GELITA Australia Enterprise Agreement 2026 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by GELITA Australia 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] The Agreement does not contain a flexibility term compliant with the Act. Pursuant to s 202(4) of the Act and clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[4] The Agreement does not contain a consultation term compliant with the Act. Pursuant to s 205(2) of the Act and clause 107 of Schedule 1 of the Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[5] Pursuant to s 205A(2) of the Act, the workplace delegates' rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

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

[7] The Australian Workers' Union 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 March 2026. The nominal expiry date of the Agreement is 31 December 2027.

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