Application for approval of the Netafim Australia Pty Ltd Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Netafim Australia Pty Ltd Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Netafim Australia Pty Ltd (Netafim). The Agreement is a single enterprise agreement.

[2] The Notice of Employee Representational Rights (NERR) distributed by Netafim was not in the prescribed form. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5) of the Act. Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error and this does not prevent a finding that the Agreement was genuinely agreed within the meaning of s 188 of the Act.

[3] In response to several issues raised with Netafim in relation to its application, it has provided written undertakings, a copy of which are attached in Annexure A. The views of the bargaining representatives were sought in relation to these undertakings. I am satisfied that the undertakings 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] The undertakings relate to:

1. Production classification of operator 4

2. The definition of afternoon shift

3. The span of the ordinary hours of work

4. Public holidays interacting with night shift

5. Shift worker overtime

Interaction with the National Employment Standards

[5] Clause 5.2 of the Agreement provides that the Agreement is to be read and interpreted with National Employment Standards (NES) and where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of any inconsistency. (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

1. Clause 33.4.1- Public holiday substitution

[6] Several matters were raised with Netafim as to the manner in which the Agreement was approved by employees and further submissions were provided. On the basis of those submissions, and subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[7] The United Workers' Union (UWU) 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 UWU.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A