Application for approval of the MWAV Pty Ltd Melbourne VIC-TWU Enterprise Agreement 2025-2028

[1] MWAV Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the MWAV Pty Ltd Melbourne VIC-TWU Enterprise Agreement 2025-2028 (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, have been met.

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

• Clause 22.2

• Clause 22.5

[4] However, noting clause 5.5 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 Transport Workers' Union of Australia (TWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 19 January 2026. The nominal expiry date of the Agreement is 30 June 2028.

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