Application for approval of the Martin Brower Australia Pty Ltd and Transport Workers Union of Australia - National Enterprise Agreement 2025

[1] Martin Brower Australia Pty Ltd (the Employer) has made an application for approval of a single-enterprise agreement known as the Martin Brower Australia Pty Ltd and Transport Workers Union of Australia - National Enterprise Agreement 2025 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

[2] I note that some provisions of the Agreement, being clause 59 (Parental Leave) and 63.3 (Family and Domestic Violence Leave) may be inconsistent with the National Employment Standards (NES). However, clause 6 of the Agreement operates to provide that more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. The Employer has also provided undertakings in relation to these issues. Consequently, I am satisfied that the terms of the Agreement do not contravene s 55 of the Act.

[3] The Employer has provided a written undertaking. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertaking 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.   

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

[5] The Transport Workers' Union of Australia (TWU), being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the Transport Workers' Union of Australia (TWU).

[6] The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.

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