[1] Rohrig (Qld) Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Rohrig (QLD) Pty Ltd Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

National Employment Standards (NES) Precedence Term

[2] Clause 6.2.5 states that if an employee fails to give the Employer relevant notice, the Employer "may withhold monies due to the employee" in their final termination pay. This clause does not appear to limit the source from which these deductions can be made, the effect of which may be to permit the Employer to withhold monies owing to the employee under the National Employment Standards (NES).

[3] Clause 19.4.1 provides that an employee must notify the employer when taking personal leave "before 7:00am on the first day of the absence when practicable."

[4] Clause 19.3.2 provides compassionate leave where a member of an employee's immediate family or household contracts or develops a serious illness or sustains a serious injury or dies however the clause is silent in relation to compassionate leave for stillbirth/miscarriage.

[5] Clause 7.1.2 provides several examples of serious misconduct (including "gross insubordination") which may allow termination without notice in more circumstances than those contemplated by the definition of serious misconduct found in Regulation 1.07 of the Fair Work Regulations 2009 (Cth).

[6] Clause 19.5.1 of the Agreement provides that the employer, with the consent of any employee or the majority of employees in the workplace, may substitute a public holiday for another day.

[7] Paragraphs [2] - [6] are clauses which may be inconsistent with the NES. I note that in accordance with the NES precedence term in Clause 5.1(iv) of the Agreement, this clause will be read and interpreted in conjunction with the NES.

[8] The employer 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.

[9] The Form F17B filed with the Commission on 12 November 2025 stated that the notification of time, place and method of vote occurred on 6 November 2025 and that voting for the Agreement commenced on 7 November 2025. However, the Employer subsequently advised the Commission that the relevant employees received notice of the place and method of vote in an in-person discussion meeting held on 16 October 2025. Accordingly, the employees were not advised of the time of the vote until 1 clear day prior to the commencement of voting, rather than 7 clear days. This does not satisfy Principle 16 of the Statement of Principles.

[10] 14 employees are covered by the Agreement, 10 of these cast a valid vote, and all votes cast were in favour of approval. I am satisfied having regard to the submissions of the Employer and the Statement of Principles that the Agreement was genuinely agreed to.

[11] Subject to the undertakings referred to above, and having had regard to the Statement of Principles on Genuine Agreement, 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.

[12] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2025. The nominal expiry date of the Agreement is 16 December 2029.

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