Application for approval of the LMATS (VIC) Enterprise Agreement 2025

[1] Lmats Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the LMATS (VIC) Enterprise Agreement 2025 (the Agreement).

[2] Clause 5 of the Agreement reproduces s.203 of the Act but does not address the requirements under s.203. In particular, it does not specify which matters may be the subject of a flexible working arrangement. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[3] Clause 6 of the Agreement, relating to Workplace Delegates and Employee Representatives provides certain entitlements for representatives and incorporates the Workplace Delegates' Rights terms of the Manufacturing and Associated Industries and Occupations Award 2020 (the Award). Noting Clause 6.3 of the Agreement, I am satisfied that the more beneficial entitlements of Clause 40A of the Award prevail where there is an inconsistency between the Agreement and the Award.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 September 2025. The nominal expiry date of the Agreement is 25 August 2029.

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