SIMPEC Pty Ltd [2025] FWCA 2467 (25 July 2025)

[1] SIMPEC Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the SIMPEC Pty Ltd (NT) Enterprise Agreement 2025 (the Agreement), under section 185 of the Fair Work Act 2009 (Cth) (the Act). This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

[2] The Applicant has provided written undertakings, and a copy of the undertakings is attached to the Agreement. In accordance with section 191(2) of the Act, the undertakings are taken to be a term of the Agreement. Subject to the undertakings, I am satisfied that each of the requirements of sections 186 and 187 of the Act as are relevant to this application for approval have been met. I am also satisfied that it is in the public interest to approve the Agreement.

[3] In accordance with section 187(5)(a) of the Act, I am satisfied that the Australian Workers' Union (the Union) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. Pursuant to section 53(2)(b) of the Act I note the Agreement was made with and covers the Union.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 1 August 2025. The nominal expiry date of the Agreement is 25 July 2029.

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