austlii:cth/FWCA/2025/3970
General information, not legal advice.
FWCA
2025-11-25
Original judgment source is linked above.
s.185 - Enterprise agreement
Heidelberg Graphic Equipment Ltd Trading AS Heidelberg Australia
HEIDELBERG AUSTRALIA, AMWU AND ETU LIFECYCLE OPERATIONS - NATIONAL ELECTRICAL AND MECHANICAL FIELD SERVICE REPRESENTATIVE ENTERPRISE AGREEMENT 2025
Application for approval of the HEIDELBERG AUSTRALIA, AMWU AND ETU LIFECYCLE OPERATIONS - NATIONAL ELECTRICAL AND MECHANICAL FIELD SERVICE REPRESENTATIVE ENTERPRISE AGREEMENT 2025
[1] An application has been made for approval of an enterprise agreement known as the Heidelberg Australia, AMWU & ETU Lifecycle Operations - National Electrical and Mechanical Field Service Representative Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Heidelberg Graphic Equipment Ltd T/A Heidelberg Australia (the Employer). The Agreement is a single enterprise agreement.
[2] I am satisfied that each requirement of ss 186, 187 and 188 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).
[3] The Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by Schedule 1 of the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.
[4] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term per clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.
[5] I note that there was a minor discrepancy between the title of the proposed agreement in the Notice of Employee Representational Rights (NERR) and the Agreement. I regard this as a minor technical error within the meaning of s.188(5). I am satisfied that the employees were not likely to have been disadvantaged by the error and that the error can therefore be disregarded under that section.
[6] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) 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.
[7] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (CEPU) being a bargaining representative for the Agreement 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 2 December 2025. The nominal expiry date of the Agreement is 31 March 2028.

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