[1] White Nominees P/L as trustee for White Industries Family Trust trading as White Industries ("the Employer") has applied for approval of an enterprise agreement known as the WIEA 2025 ("the Agreement"). The Application was made under section 185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.

[2] I sought and received further information and submissions from the Employer in relation to whether employees who voted on the agreement have a sufficient interest in the terms of the agreement, and are sufficiently representative, having regard to the employees that the agreement is expressed to cover. I also sought and received information and submissions from the Employer in relation to what steps were taken when explaining the Agreement to take into account the particular circumstances of employees from non-English speaking backgrounds. No other bargaining representative responded or contradicted the Employer's further information and so I consider the assertions made to be uncontested. Having regard to the additional information and the submissions, I am satisfied as to these matters.

[3] The Agreement does not expressly contain a delegates' rights term. However, the Award is expressly incorporated into the Agreement. The Agreement prevails to the extent of inconsistency. Given the absence of a provision, I take it this means that the delegates' rights provision of the Award applies as a term of the Agreement, by incorporation. If I am wrong about that then pursuant to section 205A of the Fair Work Act, clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement. This is a distinction without a difference; in either event the Award term applies.

[4] Noting clause 4.1 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] I sought and received further submissions as to the Better Off Overall Test. I have considered those submissions and am satisfied that the test is met.

[6] In light of the foregoing, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, and 188 of the Fair Work Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 23 October 2029.

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