Adchem (Australia) Pty Ltd

[2025] FWCA 2364

[2025] FWCA 2364

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Adchem (Australia) Pty Ltd

(AG2025/1593)

ADCHEM (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER THORNTON	ADELAIDE, 17 JULY 2025

Application for approval of the Adchem (Australia) Pty Ltd Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Adchem (Australia) Pty Ltd Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adchem (Australia) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Agreement does not contain a Delegates’ Rights Term, as required by s 205A(1) of the Act. Under s.205A(2), the Workplace Delegates’ Rights term in Clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

1. The Agreement does not provide for compassionate leave in the event of stillbirth or miscarriage which are provided in the National Employment Standards (NES). In circumstances where an employee does not give notice of termination in accordance with the Agreement clause 6.1.3 allows a deduction from monies owing to the employee that may include entitlements owing under the NES. This may be inconsistent with the NES. Noting clause 1.4.2. of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. In addition, noting the undertaking provided with respect to casual conversion, I am satisfied that the more beneficial entitlements of the NES in the Act in this regard will prevail where there is an inconsistency between the Agreement and the NES.

1. Pursuant to sections 193A(6) and (6A) of the Act, I have had regard to the submissions of the Applicant that permanent night shift is not a feature of the pattern of work undertaken at the Applicant’s enterprise, nor it is reasonably foreseeable that it will form part of any future pattern of work. I accept the submissions of the Applicant. For completeness I note the terms of section 227A of the Act that allows the Commission, in certain circumstances, to reconsider whether the Agreement passes the better off overall test if there are changes to the patterns of work at a later time.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 24 July 2025. The nominal expiry date of the Agreement is 31 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE529732  PR789759>