MANILDRA GROUP (ALTONA) ENTERPRISE AGREEMENT 2025-2029

Application for approval of the Manildra Group (Altona) Enterprise Agreement 2025-2029

[1] Manildra Energy Australia 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 Manildra Group (Altona) Enterprise Agreement 2025-2029 (the Agreement).

[2] The Australian Workers Union 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) I note that the Agreement covers the organisation.

[3] The following provisions may be inconsistent with the National Employment Standards (NES):

• Clause 16.1, relating to accrued personal and carer's leave, does not specify whether it is a yearly entitlement and whether an employee can accumulate unused leave year to year.

• Clause 16.1(a) relating to notice requirements for personal leave and 16.1(e) relating to notice requirements for carer's leave may be a more stringent than the notice requirements provided in s.107(2)(a) of the Act.

• Clause 17 relating to compassionate leave does not provide an entitlement to compassionate leave in circumstances where an employee or an employee's spouse or de facto partner suffers a miscarriage, or the child is stillborn, is inconsistent with ss.104 and 105 of the Act.

[4] The Employer has provided submissions that the provisions of the Agreement are not intended to be inconsistent with NES. I accept these submissions. In addition, , noting clause 4.3 of the Agreement, I am satisfied 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 of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2025. The nominal expiry date of the Agreement is 30 June 2029.

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