Australian Wool Testing Authority Limited

[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

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

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

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

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

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

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

Approval

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

CaseChat Overview and Summary

The Australian Wool Testing Authority Limited (AWTA) applied to the Fair Work Commission for approval of an Enterprise Agreement with the United Workers Union (UWU). The UWU represents employees of the AWTA. The nature of the dispute was whether the proposed Enterprise Agreement met the requirements for approval under the Fair Work Act 2009. The Fair Work Commission heard the matter. The legal issues before the Commission involved determining whether the proposed Enterprise Agreement complied with the procedural and substantive requirements of the Fair Work Act. This included examining whether the agreement was made in good faith, the process followed for its creation, and its conformity with the national minimum standards and provisions for employee protection.

The Commission examined the evidence provided by the AWTA and the UWU regarding the negotiation process and the content of the Enterprise Agreement. It assessed whether the agreement was fairly and genuinely negotiated, and if it contained terms and conditions that did not undermine the national safety net. The Commission also considered the implications of the agreement on the employees' rights and protections under the Fair Work Act. Ultimately, the Commission found that the proposed Enterprise Agreement met the necessary criteria for approval. It concluded that the agreement was made in good faith, followed a fair negotiation process, and did not adversely affect the employees' rights and entitlements.

Consequently, the Fair Work Commission approved the Australian Wool Testing Authority Limited - United Workers Union Enterprise Agreement 2025. The Commission's decision was based on the evidence that the agreement was negotiated fairly and genuinely, and that it adhered to the provisions of the Fair Work Act. This approval ensures that the employees of the AWTA will be governed by the terms and conditions set out in the approved Enterprise Agreement. The final orders reflect the Commission's decision to approve the agreement, thereby resolving the dispute.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established