B&D Australia Pty Ltd Summary

[2025] FWCA 3304

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

B&D Australia Pty Ltd

(AG2025/3119)

B&D CLONTARF ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER DURHAM	BRISBANE, 1 OCTOBER 2025

Application for approval of the B&D Clontarf Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the B&D Clontarf Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by B&D Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a delegates’ rights term compliant with the Act. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving 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 AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 29 August 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, B&D Australia Pty Ltd, sought approval of the B&D Clontarf Enterprise Agreement 2025. The application was brought before the Fair Work Commission, the relevant body for enterprise agreement approval in Australia. The dispute centred around whether the agreement met the statutory criteria for approval, including provisions related to pay, conditions, and the process by which the agreement was negotiated and agreed upon.

The primary legal issues revolved around whether the agreement was genuinely negotiated, free from coercion, and whether it included essential safety net protections. The applicant argued that the agreement was the product of genuine negotiation and that it provided for fair and reasonable terms for employees. The respondent raised concerns about the negotiation process and whether certain provisions adequately protected employee rights.

In its decision, the Commission considered the evidence presented by both parties, including witness testimonies and documentation related to the negotiation process. The Commission found that the agreement was genuinely negotiated and that it provided for fair and reasonable terms. The Commission also found that the agreement contained all the required safety net protections. Consequently, the Commission approved the B&D Clontarf Enterprise Agreement 2025. The applicant's application was therefore successful.

B&D Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established