Application for approval of the Wingham Beef Exports Pty Limited Maintenance Enterprise Agreement 2025

[1] This decision concerns an application for approval of the Wingham Beef Exports Pty Limited Maintenance Enterprise Agreement 2025 (the Agreement). The application has been made under section 185 of the Fair Work Act 2009 (the FW Act) by Wingham Beef Exports Pty Ltd (the Applicant). The Agreement is a single enterprise agreement. The Fair Work Commission must approve the Agreement if the requirements in sections 186 and 187 of the FW Act are met.

[2] If the agreement is not a greenfields agreement, section 186(2)(a) of the FW Act requires the Fair Work Commission to be satisfied that the agreement has been genuinely agreed to by the employees covered by the agreement. The Agreement is not a greenfields agreement. The question of whether an enterprise agreement has been genuinely agreed to by the employees is determined by reference to section 188 of the FW Act. Section 188(4)(a) of the FW Act provides that the Fair Work Commission cannot be satisfied as to genuine agreement unless the Fair Work Commission is satisfied that sections 173 and 174 of the FW Act have been complied with. In considering the application, I raised a concern with the Applicant, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), and the Construction, Forestry and Maritime Employees Union (CFMEU), which were the sole bargaining representatives for the Agreement, concerning compliance with sections 173 and 174 of the FW Act. The concern being the Notice of Employee Representational Rights (NERR) named the agreement as the Wingham Beef Exports Maintenance Agreement 2024. I sought the views of the Applicant, the AMWU and the CFMEU as to whether such error in the NERR could be disregarded in accordance with section 188(5) of the FW Act. The Applicant requested that the error be disregarded in accordance with section 188(5) of the FW Act. The AMWU and the CFMEU did not express a view. I am satisfied that the reference to the NERR contains minor error that can be disregarded in accordance with section 188(5) of the FW Act. In particular, I am satisfied that the employees were not likely to have been disadvantaged by that error.

[3] Section 186(2)(c) of the FW Act requires the Fair Work Commission to be satisfied that the terms of the Agreement do not contravene section 55 of the FW Act. In considering the application, I raised two concerns with the Applicant, the AMWU and the CFMEU. The first concern related to clause 34.6 of the Agreement, which concerns the evidence requirements for taking personal/carer's leave. The concern being that clause may be inconsistent with section 107(3) of the FW Act, which requires the provision of evidence that would satisfy a reasonable person. The second concern related to clause 34.9 of the Agreement, which concerns when compassionate leave may be taken. The concern being that clause may be inconsistent with section 104(1)(b) of the FW Act, which provides for compassionate leave to be taken in circumstances broader than clause 34.9 of the Agreement. I sought the views of the Applicant, the AMWU and the CFMEU as to whether the Applicant wished to rely upon clause 3.6 of the Agreement, which may be best described as a NES precedence clause to address any such inconsistency. The Applicant confirmed that it did. The AMWU and the CFMEU did not express a view. Such confirmation by the Applicant resolves these two concerns.

[4] Section 186(2)(d) of the FW Act requires the Fair Work Commission to be satisfied that the Agreement passes the better off overall test (BOOT). The assessment as to whether the Agreement passes the BOOT is applied in accordance with section 193A of the FW Act. In considering the application, I raised a concern with the Applicant, the AMWU and the CFMEU that the wage rates for a Junior Apprentice - Fitters, Metal Fabricators & other trades in the second year where below the award rate. This had a compounding effect on various allowances that are payable under the award. In response to these concerns, the Applicant proposed an undertaking to address this concern. I accept the undertaking. In doing so, I note that the AMWU and the CFMEU were given an opportunity to express their views about the undertaking. The AMWU indicated that the undertaking satisfied the concerns raised. The CFMEU did not express a view. I am also satisfied that that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement. That is evident because the effect of the undertaking is to increase the rate of pay for such apprentices from 55% of the Level 2 tradesman rate to 60% of that rate. I am also satisfied that the undertaking is not likely to result in substantial changes to the Agreement. A copy of the undertaking is attached at Annexure A of this decision.

[5] Based on the material provided by the Applicant, each of the other requirements of the FW Act that are relevant to this Agreement are satisfied.

[6] Section 201 of the FW Act requires the approval decision to note certain matters. The first such matter is that both the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), and the Construction, Forestry and Maritime Employees Union (CFMEU), have

given the Fair Work Commission a notice under section 183(1) of the FW Act that they each want the Agreement to cover it. In accordance with section 201(2) of the FW Act, I note that the Agreement covers the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), and the Construction, Forestry and Maritime Employees Union (CFMEU). The second such matter that is relevant to this application is section 201(3) of the FW Act. I note that the Agreement is approved with the attached undertaking, which is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with section 54 of the FW Act, it will operate from 27 November 2025. The nominal expiry date of the Agreement is 12 January 2028.

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