[1] An application has been made for approval of an enterprise agreement known as the Petuna Rowella Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Petuna Aquaculture Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. 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.

[3] 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.

[4] The Australian Workers Union, 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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2025. The nominal expiry date of the Agreement is 31 March 2027.

[6] After conferring with the parties, I have decided to vary the Agreement pursuant to section 218A. There is no doubt that there is a capacity to vary the agreement prior to its approval and in conjunction with the approval decision.[1] This includes in circumstances, as was the case here, where the identified defect is that the Agreement does not contain a term that meets the definition of a "delegates rights term" as referred to in section 205A of the Act.[2] The variations that I order reflect the agreement of the parties and are as follows:

1. Clause 31 of the Agreement is replaced with the following:

31.1 This clause gives effect to section 350C of the Act, which sets out the rights of

31.2 A workplace delegate is an employee who has been appointed or elected in accordance

with the rules of their employee organisation, specifically the AWU.

31.3 Petuna recognises the role of AWU workplace delegates and will provide reasonable

31.3.1 represent and communicate with employees who are members or eligible to be

members of the AWU on matters concerning their industrial interests;

31.3.2 participate in consultation and dispute resolution processes under this

31.3.3 assist the AWU in enterprise bargaining, disciplinary or grievance matters where relevant.

31.4.1 notify Petuna in writing of their appointment or election;

31.4.2 comply with reasonable workplace policies, procedures and safety requirements while performing their role;

31.4.3 notify Petuna in writing within 14 days if they cease to be an AWU workplace

31.5 Petuna will provide AWU workplace delegates with reasonable access to:

31.5.1 facilities for communication with eligible employees, including a meeting room;

31.5.3 office facilities and equipment including printers, scanners and photocopiers; and

31.5.4 time during normal working hours to perform their delegate functions, having

31.6 Petuna will provide an AWU workplace delegate with access to up to five (5) days of

paid time during normal working hours for initial training, and at least one (1) day each subsequent year, to attend training related to their workplace delegate functions.

31.7 The entitlement in clause 31.6 is limited to one AWU workplace delegate per fifty (50) employees, including permanent and regular casual employees.

31.8 The AWU workplace delegate must give Petuna not less than four (4) weeks' notice of

the proposed training, including the dates, subject matter, daily start and finish times, and the name of the training provider. If requested, the workplace delegate must provide an outline of the training content.

31.9 The AWU workplace delegate must provide Petuna with evidence of attendance at the

31.10 An AWU workplace delegate must not unreasonably hinder, obstruct or prevent the

31.11 Nothing in this clause limits the rights of the AWU under the Act or other applicable

[7] These amendments will be reflected in a separate order and will take effect on the date of this decision. A copy of the Agreement as varied is provided with this decision.

[1] BHP Coal Ltd [2023] FWCA 115, Buller Ski Lifts Pty Ltd [2023] FWCA 844, Gippsland NDT Services [2024] FWCA 3838.

[2] Resourceco Pty Ltd T/A Resourceco [2025] FWCA 642.

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