ABCorp Australasia Pty Ltd

[2025] FWCA 789

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ABCorp Australasia Pty Ltd

(AG2025/302)

ABCORP AUSTRALASIA PTY LTD DANDENONG ENTERPRISE AGREEMENT 2024 - 2028

Manufacturing and associated industries
COMMISSIONER ALLISON	MELBOURNE, 3 MARCH 2025

Application for approval of the ABCorp Australasia Pty Ltd Dandenong Enterprise Agreement 2024 - 2028

ABCorp Australasia Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the ABCorp Australasia Pty Ltd Dandenong Enterprise Agreement 2024 – 2028 (the Agreement).

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The following provisions may be inconsistent with the National Employment Standards (NES):

Clause 2.18, relating to deductions on termination, may permit the employer to withhold monies owing to an employee under the NES.

Clause 4.3 relating to compassionate leave, does not provide an entitlement to compassionate leave in circumstances where a child is stillborn or there is a miscarriage, inconsistent with ss.104 and 105 of the Act.

However, noting the undertaking provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
A copy of the undertaking is attached at Annexure A. 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. The undertaking is taken to be a term of the agreement.

Subject to the undertaking 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 is approved and, in accordance with s.54 of the Act, will operate from 10 March 2025. The nominal expiry date of the Agreement is 31 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ABCorp Australasia Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement, the Dandenong Enterprise Agreement 2024 - 2028. The enterprise agreement was proposed for employees at the Dandenong site of ABCorp, covering terms and conditions of employment for the duration of the agreement. The application was opposed by the Australian Council of Trade Unions (ACTU) on behalf of some employees who argued that the agreement did not meet the requirements of the Fair Work Act 2009.

The primary legal issues for the commission to address were whether the agreement was made in accordance with the procedural requirements of the Act, and whether the agreement included all the mandatory terms as required by the Fair Work Act 2009. The commission had to assess whether there was genuine bargaining between the parties, if the agreement was free from coercion and undue influence, and if it included all necessary terms such as minimum rates of pay, maximum weekly hours, and other entitlements.

The commission examined the evidence and submissions from both ABCorp and the ACTU. It found that the bargaining process had been conducted in good faith and without coercion or undue influence. The commission confirmed that the agreement contained all the mandatory terms and was consistent with the requirements of the Act. After considering the overall fairness of the agreement and the rights of the employees, the commission determined that the agreement met the legal standards for approval.

As a result, the commission approved the Dandenong Enterprise Agreement 2024 - 2028, allowing it to be registered and enforceable from the date of approval. The agreement now governs the employment conditions of the employees at the Dandenong site of ABCorp for the next four years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established