austlii:cth/FWCA/2025/4464
General information, not legal advice.
FWCA
2025-12-30
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Summit Manufacturing Proprietary Limited Trading AS Summit Manufacturing
SUMMIT MANUFACTURING AND AWU ENTERPRISE AGREEMENT 2025
Application for approval of the Summit Manufacturing and AWU Enterprise Agreement 2025
[1] Summit Manufacturing has applied for approval of an enterprise agreement known as the Summit Manufacturing and AWU Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).
[2] The Agreement is a single enterprise agreement.
[3] Clause 6.5 of the Agreement gives precedence to the NES, and I am satisfied that 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 requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met.
[5] The Australian Workers' Union (AWU) 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 AWU.
[6] The Agreement is approved and, despite clause 5, will operate from 6 January 2026 in accordance with s 54 of the Act.
[7] In accordance with clause 5, the nominal expiry date of the Agreement is 30 June 2028.
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