Alimak Group Australia Pty Ltd

[2025] FWCA 3074

[2025] FWCA 3074

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Alimak Group Australia Pty Ltd

(AG2025/2830)

ALIMAK GROUP AUSTRALIA PTY LTD ENGINEERING & MANUFACTURING EMPLOYEES COLLECTIVE AGREEMENT 2025-2029(WORKSHOPS)

Manufacturing and associated industries
COMMISSIONER WALKADEN	SYDNEY, 11 SEPTEMBER 2025

Application for approval of the Alimak Group Australia Pty Ltd Engineering & Manufacturing Employees Collective Agreement 2025-2029(Workshops)

1. This decision concerns an application for approval of the Alimak Group Australia Pty Ltd Engineering &Manufacturing Employees Collective Agreement 2025-2029 (Workshops) (the Agreement). The application has been made under section 185 of the Fair Work Act 2009 (the FW Act) by Alimak Group Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement. The Fair Work Commission must approve the Agreement if the requirements in sections 186 and 187 of the FW Act are met.

1. Section 187(4) of the FW Act requires the Fair Work Commission to be satisfied as to the requirements relating to particular kind of employees referred to in Subdivision E of Part 2-4 of the FW Act. Shiftworkers are such a group of employees. The relevant approval requirements that apply to shiftworkers are set out at section 196 of the FW Act. I raised a concern with the Applicant and the other bargaining representative in relation to shiftworkers. The concern being that the Agreement does not appear to define or describe an employee as a shiftworker for the purpose of the National Employment Standards (NES). The Applicant proposed an undertaking to meet this concern. The Commission sought the views of the other bargaining representative as to the undertaking. The bargaining representative did not express a view about the undertaking. I accept the undertaking. In particular, I am satisfied that that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement.

1. Section 205A of the FW Act provides that an enterprise agreement must include a delegates’ rights term. The relevant modern award is the Manufacturing and Associated Industries and Occupations Award 2020. Clause 40A of that award contains a delegates’ rights term. I raised a concern with the Applicant and the other bargaining representative that the Agreement does not appear to contain a delegates’ rights term and, if that was right, clause 40A would be taken to be a term of the Agreement. In accordance with section 205A(2) of the FW Act, clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of this Agreement.

1. Section 186(2)(c) of the FW Act requires the Fair Work Commission to be satisfied that the terms of the Agreement do not contravene section 55 of the FW Act. In considering the application, I raised two concerns with the Applicant and the other bargaining representative. The first concern was in relation to Part 18, clause 1(b)(i) of the Agreement, which concerns maximum weekly hours. The concern was that clause may be inconsistent with section 62(1) of the FW Act. The second concern was in relation to Part 19, clause 4(b)(i) of the Agreement, which concerns the substitution of public holidays. The concern being that clause may be inconsistent with section 115(3) of the FW Act. The Applicant proposed an undertaking to meet this concern. The Commission sought the views of the other bargaining representative as to the undertaking. The bargaining representative did not express a view about the undertaking. I accept the undertaking. In particular, I am satisfied that that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement.

1. Section 186(2)(d) of the FW Act requires the Fair Work Commission to be satisfied that the Agreement passes the better off overall test (BOOT). The assessment as to whether the Agreement passes the BOOT is applied in accordance with section 193A of the FW Act. In considering the application, I raised a concern with the Applicant and the other bargaining representative concerning unapprenticed juniors and trainees. The concern being the Agreement may apply to such employees, however, the Agreement does not appear to provide wage rates for such employees. That gives rise to a concern that the Agreement does not pass the BOOT. The Applicant said that it does not employ unapprenticed juniors or trainees and proposed an undertaking to meet this concern. The Commission sought the views of the other bargaining representative as to the undertaking. The other bargaining representative did not express a view. I accept the undertaking. In particular, I am satisfied that that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement.

1. Based on the material provided by the Applicant, each of the other requirements of the FW Act that are relevant to this Agreement are satisfied.

1. Section 201 of the FW Act requires the approval decision to note certain matters. The first such matter that is relevant to this application is section 201(1A) of the FW Act. I note that clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020, which is a delegates’ right term in a modern award, is taken to be a term of this Agreement because of section 205A(2) of the FW Act. The second such matter that is relevant to this application is section 201(3) of the FW Act. I note that the Agreement is approved with the attached undertaking, which is taken to be a term of the Agreement.

1. Clause 2.1 of the Agreement states that the Agreement shall commence immediately on approval. This does not reflect section 54 of the FW Act. The Agreement is approved and, in accordance with section 54 of the FW Act, it will operate from 18 September 2025. The nominal expiry date of the Agreement is 1 July 2029.

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Annexure A