Bob White Australia Pty Ltd Trading AS Bob White Electrix

[2025] FWCA 2962

[2025] FWCA 2962

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bob White Australia Pty Ltd Trading AS Bob White Electrix

(AG2025/2591)

BOB WHITE ELECTRIX ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER CLARKE	MELBOURNE, 2 SEPTEMBER 2025

Application for approval of the Bob White Electrix Enterprise Agreement 2025

1. An application has been made for approval of a single enterprise agreement known as the Bob White Electrix Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The application has been made by Bob White Australia Pty Ltd (employer).

1. Prior to approving the agreement, it was necessary to make some further enquiries of the employer and the two employee bargaining representatives relating to following matters:

(a)   The Agreement did not include a term requiring consultation with employees in respect of changes to their regular roster or ordinary hours of work, as is required by sections 201 and 205 of the Act. This was brought to the parties’ attention not as an approval requirement per se, but to alert to them the circumstance that, were the Agreement to be approved, the model consultation clause would apply.

(b)   The parties were invited to make submissions on whether section 56 or the Act and/or clause 3.2(c) adequately deal with the provision in clause 35.1(c)(ii) of the Agreement for public holiday substitution by majority. The parties were also given the opportunity to provide an undertaking in respect of this issue, and provided with a reference to the decision of the Full Bench in [2019] FWCFB 5145 for background.

(c)   The parties were invited to make submissions on whether section 56 or the Act and/or clause 3.2(c) of the Agreement adequately deal with the apparent exclusion of apprentices in clause 12.1(e)(ii) from the entitlement to severance pay. The parties were also given the opportunity to provide an undertaking in respect of this issue, and referred to section 123(d) of the Act.

(d)   The parties were informed of the decision of the Full Bench in [2018] FWCFB 139, which dealt with modern award provisions upon which clause 16 of the Agreement (dealing with abandonment of employment) was evidently based. The parties were alerted to a concern about the potential exclusion of section 117 of the Act and provided with an opportunity to make submissions and/or provide an undertaking to address this matter.

(e)   The parties’ assistance was sought in ascertaining how apprentices were to be classified and paid under the Agreement, in order that a better off overall assessment could be performed.

1. In correspondence with chambers, the following resolutions were reached in respect of these issues:

(a)   The parties understood that model consultation term would be taken to be a term of the Agreement and wished to proceed with the Application.

(b)   An undertaking was offered by the employer to address the concern relating to public holiday substitution by majority agreement. The employee bargaining representatives were similarly supportive of the NES rights prevailing in respect of this matter.

(c)   An undertaking was offered to address the concern relating to the exclusion of apprentices from the entitlement to severance pay. The employee bargaining representatives were also supportive of the NES rights prevailing in respect of this matter.

(d)   An undertaking was offered to address the concern relating to the potential exclusion of section 117 of the Act in the abandonment of employment clause. The employee bargaining representatives were again supportive of the NES rights prevailing in respect of this matter.

(e)   It was clarified by the employer, and agreed by the employee bargaining representatives, that there were no apprentices employed by the company and further than none would be. An undertaking was offered to this effect. This addresses the concern regarding their proper classification under the agreement.

1. Subject to the undertakings referred to above and having taken into account the materials provided with the application for approval and since, I am satisfied that each of the requirements of ss. 186, 187, 188 and 190 as relevant to this application for approval have been met. The undertaking is taken to be at term of the Agreement, and is provided at Annexure A of this decision. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. Pursuant to section 205(2), the model consultation term is taken to be a term of the Agreement.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 2025. The nominal expiry date of the Agreement is 31 July 2027.

COMMISSIONER

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Annexure A