Akubra Hats Pty Ltd Trading AS Akubra Hats

[2025] FWCA 3038

[2025] FWCA 3038

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Akubra Hats Pty Ltd Trading AS Akubra Hats

(AG2025/2803)

AKUBRA HATS PTY LTD ENTERPRISE AGREEMENT 2025

Textile industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 29 SEPTEMBER 2025

Application for approval of the Akubra Hats Pty Ltd Enterprise Agreement 2025

1. An application has been made by Akubra Hats Pty Ltd  (Applicant) for approval of an enterprise agreement known as the Akubra Hats Pty Ltd Enterprise Agreement 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

1. Section 186(2)(c) requires that the terms of the Agreement do not exclude any provision of the National Employment Standards (NES). Clause 8.3 of the Agreement is an NES precedence clause.

1. A concern was raised that clause 37.1 of the Agreement relating whether periods of leave count as ordinary working hours for the purpose of calculation of overtime entitlements. I received submissions from both the Applicant and the Construction, Forestry and Maritime Employees Union (CFMEU) which was a bargaining representative for the Agreement.

1. Section 62 of the Act deals with maximum hourly hours of work. Subsection 62(4) provides that for the purpose of calculating weekly hours of work the hours an employee works in a week are taken to include any hours of leave, or absence, whether paid or unpaid, applies to the calculation of hoors worked. Given clause 8.3, clause 37.1 of the Agreement cannot be applied in a manner contrary to s. 62 by permitting for the exclusion of leave when reckoning weekly hours.

1. Sections 186(2)(d) requires the Commission to be satisfied the agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s. 193A.

1. Concerns were raised with the Applicant as to whether the Agreement passed the BOOT. In response, the Applicant has provided undertakings. 

2. A copy of the undertakings is attached (Annexure A). In accordance with s. 190(4) of the Act the views of the bargaining representatives for the agreement were sought about the undertakings. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. 

1. Having regard to the undertakings, the submissions made, and the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.  

1. The CFMEU has given notice under s. 183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) of the Act, I note the Agreement covers the CFMEU.

1. The Agreement was approved on 29 September 2025 and will operate in accordance with Clause 5 of the Agreement. The nominal expiry date of the Agreement is 30 June 2027

DEPUTY PRESIDENT

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ANNEXURE A