Australian Wool Testing Authority Limited

Case

[2025] FWCA 2682

12 AUGUST 2025


[2025] FWCA 2682

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Wool Testing Authority Limited

(AG2025/2379)

AUSTRALIAN WOOL TESTING AUTHORITY LTD - UNITED WORKERS UNION ENTERPRISE AGREEMENT 2025

Wool storage, sampling and testing industry

COMMISSIONER P RYAN

SYDNEY, 12 AUGUST 2025

Application for approval of the Australian Wool Testing Authority Ltd - United Workers Union Enterprise Agreement 2025

  1. Australian Wool Testing Authority Limited (Employer) has made an application for approval of an enterprise agreement known as the Australian Wool Testing Authority Ltd - United Workers Union Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

  1. The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

National Employment Standards

  1. I observe that clauses 18.1.5, 18.2.2, 29.1.2, and 29.11 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 8.3.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 183 Bargaining representative

  1. The United Workers’ Union (UWU) has given notice under s.183 of the FW Act that that it wants the Agreement to cover it.

  1. In accordance with s.201(2) of the FW Act, I note that the Agreement covers the UWU.

Approval

  1. The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 19 August 2025. The nominal expiry date of the Agreement is 30 April 2028.

COMMISSIONER

Annexure A


[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

<AE530031  PR790587>

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