austlii:cth/FWCA/2026/680
General information, not legal advice.
FWCA
2026-03-18
Original judgment source is linked above.
s.185 - Enterprise agreement
WESPINE INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2025 - 2028
Application for approval of the Wespine Industries Pty Ltd Enterprise Agreement 2025 - 2028
[1] Wespine Industries Pty Ltd (the Applicant) has made an application, under section 185 of the Fair Work Act 2009 (Cth) (the Act), for the approval of a single enterprise agreement known as the Wespine Industries Pty Ltd Enterprise Agreement 2025 - 2028 (the Agreement).
[2] The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.
[3] In compliance with section 190(4) of the Act, the bargaining representative's views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.
[4] Pursuant to section 205A(2) of the Act, the workplace delegates' rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.
[5] The parties raised that the copy of the Agreement provided at lodgement included obvious errors, defects, or irregularities which they sought to be remedied, pursuant to section 218A of the Act, as follows:
Clause 13.9(g) - incorrectly referenced clause13.8(h). Clause 13.8(h) does not exist and clause 13.8 refers to Purchased Leave. The reference has been corrected to clause 13.9(h).
Clauses 5.4(e)(ii) and (iii) - contained typographical errors, referencing clauses 0(a) and 0(b) which does not exist. The references have been corrected to clause 5.4(a) and 5.4(b).
Clause 14.7 - held no effect and was removed for clarity.
[6] In accordance with my powers under section 218A of the Act, I exercise my power to amend the above obvious errors, defects, or irregularities. The Agreement accompanying this decision has been amended accordingly and comes into effect at the same time as the Agreement's operation, 25 March 2026.
[7] 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 sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.
[8] The Australian Workers' Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (jointly, the Unions), being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they seek to be covered by the Agreement. In accordance with section 201(2) of the Act, and based on the declarations provided, I confirm that the Unions are covered by the Agreement.
[9] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 March 2026. The nominal expiry date of the Agreement is 18 March 2029.

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