Ameropa Australia Pty Ltd Trading AS Impact Fertilisers Pty Ltd Summary

[2025] FWCA 2705

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ameropa Australia Pty Ltd Trading AS Impact Fertilisers Pty Ltd

(AG2025/2435)

AMEROPA AUSTRALIA ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT FAROUQUE	MELBOURNE, 13 AUGUST 2025

Application for approval of the Ameropa Australia Enterprise Agreement 2024

Introduction

Ameropa Australia Pty Ltd trading as Impact Fertilisers Pty Ltd (the Employer) has made an application for approval of a single-enterprise agreement known as the Ameropa Australia Enterprise Agreement 2024 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

National Employment Standards (NES) Issues

I note that some provisions of the Agreement (being clause 29 (Public Holidays) and clause 32.5 (Redundancy) may be inconsistent with the National Employment Standards (NES). However, clause 6 (National Employment Standards) of the Agreement operates to provide that more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. Consequently, I am satisfied that the terms of the Agreement do not contravene s 55 of the Act.

Section 190 Undertakings

The Employer has provided a written undertaking. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertaking 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

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

Approval

The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Ameropa Australia Pty Ltd Trading as Impact Fertilisers Pty Ltd, the Fair Work Commission was tasked with determining whether to approve the Ameropa Australia Enterprise Agreement 2024. The application for approval was made by the employer, Ameropa Australia, and the dispute involved the terms and conditions of employment set out in the proposed enterprise agreement. The Commission needed to assess if the agreement met the criteria for approval as stipulated in the Fair Work Act 2009.

The central legal issues the Commission considered were whether the agreement complied with the procedural requirements for making an enterprise agreement and whether it met the substantive requirements for approval. This involved examining if the agreement was made in good faith, if it provided for the appropriate matters, and if it ensured fair and reasonable terms for the employees. The Commission also assessed whether the agreement had been certified by an independent third party as meeting the requirements of the Act.

In reaching its decision, the Commission found that the Ameropa Australia Enterprise Agreement 2024 was made in good faith and contained terms and conditions that were fair and reasonable. The agreement was certified as meeting the necessary requirements, and the Commission was satisfied that it complied with both procedural and substantive provisions of the Fair Work Act. Consequently, the Commission approved the agreement, recognising its compliance with the legislative framework.

The Fair Work Commission approved the Ameropa Australia Enterprise Agreement 2024, effective from the date of the decision. The agreement now sets the terms and conditions of employment for the relevant employees, and it will be binding on both the employer and the employees as per the provisions outlined in the approved agreement.

Ameropa Australia Pty Ltd Trading AS Impact Fertilisers Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established