Application for approval of the AMWU and Mersen Oceania Pty Ltd Collective Bargaining Workshop Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the AMWU and Mersen Oceania Pty Ltd Collective Bargaining Workshop Agreement 2025 (Agreement). The Application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Mersen Oceania Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

[3] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

• Clause 28 of the Agreement provides compassionate leave where a member of an employee's immediate family or household sustains a serious illness or sustains a serious injury or dies however it is silent in relation to compassionate leave for stillbirth/miscarriage as is provided by s.104(1)(b) and (c) of the Act.

[4] However, noting clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Manufacturing Workers Union (AMWU) being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved, and in accordance with s.54, of the Act will operate from 24 December 2025. The nominal expiry date of the Agreement is 30 September 2028.

Printed by authority of the Commonwealth Government Printer