austlii:cth/FWCA/2025/3765
General information, not legal advice.
FWCA
2025-11-18
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
PIPEMAKERS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2025 (DEER PARK)
Application for approval of the Pipemakers Australia Pty Ltd Enterprise Agreement 2025 (Deer Park)
[1] An application has been made for the approval of an enterprise agreement known as the Pipemakers Australia Pty Ltd Enterprise Agreement 2025 (Deer Park). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth). It has been made by Pipemakers Australia Pty Ltd. The Agreement is a single enterprise agreement.
[2] Pipemakers Australia Pty Ltd and the Australian Manufacturing Workers Union (AMWU) have both expressed a view that the Agreement passes the better off overall test. I have given primary consideration to this common view in accordance with s.193A(4) of the Act.
[3] I observe that clause 21.4 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.2 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
[5] The 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.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2025. The nominal expiry date of the Agreement is 1 July 2028.

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