//
[7]
austlii:cth/FWCA/2025/4434
General information, not legal advice.
FWCA
2025-12-23
Original judgment source is linked above.
s.185 - Enterprise agreement
SMR AUTOMOTIVE AUSTRALIA PTY LTD, AWU / AMWU ENTERPRISE AGREEMENT 2025
Application for approval of the SMR Automotive Australia Pty Ltd, AWU / AMWU Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the SMR Automotive Australia Pty Ltd, AWU / AMWU Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SMR Automotive Australia Pty Limited (the Applicant). The Agreement is a single enterprise agreement.
[2] I am satisfied that each requirement of ss. 186, 187 and 188 as are relevant to this application for approval have been met.
[3] Pursuant to s.205A(2) of the Act, the Workplace Delegates' Rights term in clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.
[4] I note that the following clause in the Agreement appear to be inconsistent with the National Employment Standards (the NES):
Notice of termination: Clause 56.3 provides that if an employee fails to give the required notice, the employer may deduct from the monies owing on termination an amount that is no more than one week's wages for the employee. The effect of this is that this clause may permit the employer to withhold monies owing to the employee under the NES.
[5] Noting clause 8.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
[6] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), The Australian Workers' Union (AWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) have each lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU, AWU and CEPU.
[7] The Agreement is approved and will operate in accordance with s.54 of the Act from 30 December 2025. The nominal expiry date of the Agreement is 30 August 2027.
Printed by authority of the Commonwealth Government Printer