Application for approval of the Linde Material Handling Pty. Ltd. (NSW) Agreement 2025

[1] Linde Material Handling Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Linde Material Handling Pty. Ltd. (NSW) Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

[3] The Agreement does not contain a delegates' rights term that meets the requirements of s.205A of the FW Act. Accordingly, clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

[4] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

[5] In accordance with s.201(2), I note that the Agreement covers the AMWU.

[6] The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 20 June 2025. The nominal expiry date of the Agreement is 31 March 2028.

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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