austlii:cth/FWCA/2025/4445
General information, not legal advice.
FWCA
2025-12-24
Original judgment source is linked above.
s.185 - Enterprise agreement
[1] This decision concerns an application for approval of the SBL Solutions Enterprise Agreement 2025 (the Agreement). The application has been made under section 185 of the Fair Work Act 2009 (the FW Act), by SBL Solutions Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
[2] The Fair Work Commission must approve the Agreement if the requirements in sections 186 and 187 of the FW Act are met.
[3] Section 186(2)(c) of the FW Act requires the Fair Work Commission to be satisfied that the terms of the Agreement do not contravene section 55 of the FW Act. In considering the application, I raised a concern with the Applicant, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), and the other bargaining representatives. The concern related to clauses in the Agreement, which concern termination of employment, personal/carer's leave, and compassionate leave. The concern being that some parts of those clauses may be inconsistent with the National Employment Standards (NES). I sought the views of the Applicant, the AMWU and the other bargaining representatives as to whether the Applicant wished to rely upon clause 1.4 of the Agreement, which may be best described as a NES precedence clause, to address any such inconsistency. The Applicant confirmed that it did. The AMWU and the other bargaining representatives did not express a view. Such confirmation by the Applicant resolves this concern.
[4] Based on the material provided, each of the requirements of the FW Act that are relevant to this Agreement are satisfied.
[5] Section 201 of the FW Act requires the approval decision to note certain matters. The only matter is that the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) has given the Fair Work Commission a notice under section 183(1) of the FW Act that it wants the Agreement to cover it. In accordance with section 201(2) of the FW Act, I note that the Agreement covers the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU).
[6] The Agreement is approved and, in accordance with section 54 of the FW Act, it will operate from 31 December 2025. The nominal expiry date of the Agreement is 24 December 2028.
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