Application for approval of the Kingspan Water and Energy Pty Limited Smithfield Production Team Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Kingspan Water and Energy Pty Limited Smithfield Production Team Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kingspan Water and Energy Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in 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] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement does not contain a delegates' rights term as required by s. 205A(1) of the Act. Pursuant to s. 205A(2), 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2025. The nominal expiry date of the Agreement is 24 October 2029.

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