austlii:cth/FWCA/2026/510
General information, not legal advice.
FWCA
2026-02-26
Original judgment source is linked above.
s.185 - Enterprise agreement
Mills Ormiston Rubber Pty Limited Trading AS Mor Industries
MILLS ORMISTON RUBBER PTY LIMITED AUSTRALIAN MANUFACTURING WORKERS UNION & UNITED WORKERS UNION ENTERPRISE AGREEMENT 2025
Application for approval of the Mills Ormiston Rubber Pty Limited Australian Manufacturing Workers Union & United Workers Union Enterprise Agreement 2025
[1] Mills Ormiston Rubber Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the Mills Ormiston Rubber Pty Limited Australian Manufacturing Workers Union & United Workers Union Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.
[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.
[3] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):
Clause 36 - Compassionate leave extending to instances of stillbirth/miscarriage
Clause 21.1.6 - Notice of termination applying to Apprentices
[4] However, noting clause 9 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Agreement contained several errors where clauses in the Agreement were not correctly numerically marked or referenced incorrect clauses. The Employer has provided an updated copy of the Agreement which corrects these errors. I am satisfied that these constituted obvious errors, defects, or irregularities and I will amend the Agreement accordingly pursuant to s.218A of the FW Act.
[6] The Australian Manufacturing Workers Union (AMWU) and the United Workers Union (UWU) being bargaining representatives for the Agreement, have each given notice under s.183 of the FW Act that they each want the Agreement to cover them. In accordance with s.201(2) (and based on the declarations provided by the organisations), I note that the Agreement covers these organisations.
[7] The Agreement is approved and despite stating at clause 5 that the Agreement operates from the first pay period on or after 1 July 2025, in accordance with s.54, the Agreement will operate from 5 March 2026. The nominal expiry date of the Agreement is 30 June 2027.
Printed by authority of the Commonwealth Government Printer