Application for approval of the Incat Tasmania Pty. Ltd. Production Employee Enterprise Agreement 2025

[1] Incat Tasmania Pty. Ltd. has applied for approval of an enterprise agreement known as the Incat Tasmania Pty. Ltd. Production Employee 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 3.3 - Maximum weekly hours of work

• Clause 3.11 - Flexible working arrangements

• Clause 3.6.7 - Personal/carer's leave notice

• Clause 6.2.11 - Unpaid carer's leave

• Clause 6.5.2 - Public holidays

• Clause 8.1.8 - Abandonment

[4] Clause 1.8 of the Agreement gives precedence to the NES and I 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 am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[6] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged Form F18 statutory declarations giving notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note the Agreement covers the unions.

[7] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 26 December 2025.

[8] In accordance with clause 1.3, the nominal expiry date of the Agreement is 30 June 2028.

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