ABCorp Australasia Pty Ltd
[2025] FWCA 789
•3 MARCH 2025
| [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
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<AE528230 PR784903>
Annexure A
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