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austlii:cth/FWCA/2025/3371
General information, not legal advice.
FWCA
2025-10-08
Original judgment source is linked above.
s.185 - Enterprise agreement
The Fremantle Foundry And Engineering Company Pty Ltd
THE FREMANTLE FOUNDRY AND ENGINEERING COMPANY PTY LTD ENTERPRISE AGREEMENT 2026
Application for approval of the The Fremantle Foundry and Engineering Company Pty Ltd Enterprise Agreement 2026
[1] The Fremantle Foundry And Engineering Company Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the The Fremantle Foundry and Engineering Company Pty Ltd Enterprise Agreement 2026 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
[2] The Applicant has 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.
[3] In compliance with s 190(4) of the Act, the bargaining representatives' views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.
[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
[5] I note that Clause 9.20 of the Agreement appears to be inconsistent with the National Employment Standards (the NES) as it does not state that a casual employee must be employed for a period of six (6) months for casual conversion.
[6] However, I am satisfied that under clause 5.3 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[7] The Agreement does not contain a delegates' rights term, as required by s 205A(1) of the Act. Under s 205A(2), the workplace delegates' rights term in Clause 40A. of the Manufacturing and Associated Industries and Occupation Award 2020 is taken to be a term of the Agreement.
[8] The Agreement was approved on 8 October 2025 and, in accordance with s 54, will operate from 15 October 2025. The nominal expiry date of the Agreement is 8 October 2029.
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