Application for approval of the AMWU & NIOA Munitions Pty Ltd Australia Limited Trading as NIOA Munitions Pty Ltd Benalla Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the AMWU & NIOA Munitions Pty Ltd Australia Limited Trading as NIOA Munitions Pty Ltd Benalla 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 NIOA Munitions Pty Ltd. The Agreement is a single enterprise agreement.

[2] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by clause 40A of the Manufacturing Award 2020 is taken to be a term of the Agreement.

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

• Clause 23 - Compassionate Leave

• Clause 39.2 - Withholding monies at termination

• Clause 40 - Abandonment of employment

However, noting clause 3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] In assessing the Better Off Overall Test, in response to concerns raised in correspondence, the Applicant advised that it is not reasonably foreseeable that employees under the Clerks - Private Sector Award 2020 (Clerks Award) will be classified at levels 5.4, 5.5 or 5.6, work the ordinary span of hours of 6:00am - 6:00pm from Monday to Friday, perform shift work or are engaged as part-time employees. Therefore, I am satisfied for the purpose of s.193A(6), and determine under s.193A(6A), of the Act that, in respect to the Clerks Award, part-time employment, working ordinary hours under the Agreement, rates of pay for classification levels 5.4-5.6 and working shift work are not reasonably foreseeable types of employment for the purpose of assessing the better off overall test.

[5] The Applicant has provided written undertakings to address certain BOOT issues. A copy of the undertakings is attached in Annexure A. 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.

[6] 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 "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) 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 AMWU. The AMWU supports approval of the Agreement and are of the view that the Agreement passes the better off overall test.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2025. The nominal expiry date is 30 September 2027.

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