Application for approval of the Wood (Lytton Refinery - QLD) Mechanical Enterprise Agreement 2026

[1] Wood Australia Pty Ltd T/A Wood (the Employer) has applied for approval of an enterprise agreement known as the Wood (Lytton Refinery - QLD) Mechanical Enterprise Agreement 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The AMWU advised that it supported the Employer's undertakings.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] The Agreement's workplace delegates' rights term is less favourable than that provided by the Manufacturing and Associated Industries and Occupations Award 2020 (the Award). Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Award is attached to the Agreement and taken to be a term of it.

[5] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The AMWU, being a bargaining representative for the Agreement, has given notice under s.183 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the AMWU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2026. The nominal expiry date of the Agreement is 1 January 2029.

[8] In its application to the Commission, the Employer advised of an error contained in Appendix A on page 42 of the Agreement, which provided that all employees covered by the Agreement were entitled to a sign on bonus of $1,500 gross. The Employer advised that the Agreement should read that the sign on bonus is $1,200. The Employer submitted that $1,200 was the amount communicated to employees and was the amount agreed to by the parties. The Employer sought the Commission vary the Agreement under s.218A of the Act to correct the error.

[9] I advised the parties of my view that the inclusion of the incorrect sign on bonus constituted an obvious error pursuant to s.218A of the Act, and that I was minded to vary the Agreement to include the correct sign on bonus of $1,200. I sought the views of the AMWU in relation to this proposal, and I note the AMWU communicated that it supported the correction being made.

[10] I am satisfied that the inclusion of a $1,500 sign on bonus is an obvious error within the meaning of s.218A of the Act. Accordingly, I exercise my discretion to vary the Agreement to correct the error by substituting the $1,500 sign on bonus for the correct $1,200 amount. I do so on application by the Employer pursuant to s.218A(2)(b)(i) of the Act. The Employer has provided a revised copy of the Agreement containing the correct sign on bonus. That version of the Agreement will be published alongside this decision.

Printed by authority of the Commonwealth Government Printer