Bundaberg Walkers Engineering Ltd Trading AS Bundaberg Walkers Summary

[2025] FWCA 1351

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bundaberg Walkers Engineering Ltd Trading AS Bundaberg Walkers

(AG2025/878)

BUNDABERG WALKERS ENGINEERING LTD ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 23 APRIL 2025

Application for approval of the Bundaberg Walkers Engineering Ltd Enterprise Agreement 2025

Bundaberg Walkers Engineering Ltd Trading AS Bundaberg Walkers (the Employer) has applied for approval of an enterprise agreement known as the Bundaberg Walkers Engineering Ltd Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 24 September 2024 and the Agreement was made on 28 March 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. No views were received.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

The Agreement does not contain a workplace delegates’ rights term compliant with s.205A(2) of the Act for agreements made on or after 1 July 2024. Pursuant to s.205A(2)(b) of the Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupational Award 2020 is attached to the Agreement and taken to be a term of it.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The AMWU, being a bargaining representative for the Agreement, has given notice under s.183 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the AMWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2025. The nominal expiry date of the Agreement is 23 April 2028.

COMMISSIONER

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Annexure A – Undertakings

The applicant, Bundaberg Walkers Engineering Ltd, trading as Bundaberg Walkers, sought approval of its Enterprise Agreement 2025, which was proposed to be registered under the Fair Work Act 2009. The application was brought before the Fair Work Commission, which was required to consider whether the proposed agreement met the criteria for approval as set out in the legislation.

The legal issues before the Commission were whether the agreement was in the public interest, whether it provided for a fair and reasonable outcome for the employees, and whether it complied with the procedural requirements of the Act. The Commission also had to determine whether the agreement adequately addressed the rights and obligations of both the employer and the employees, and whether it met the standards prescribed by the Fair Work (Registered Organisations) Act 2009.

In reaching its decision, the Commission considered the evidence presented by both the applicant and the respondents, as well as the relevant legal framework. The Commission found that the agreement provided for a fair and reasonable outcome for the employees, taking into account their needs and interests. It also concluded that the agreement was in the public interest, as it promoted harmonious, productive and cooperative workplace relations. The Commission determined that the agreement complied with the procedural requirements of the Act and adequately addressed the rights and obligations of both parties. The Commission was satisfied that the agreement met the standards prescribed by the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission approved the registration of the Bundaberg Walkers Engineering Ltd Enterprise Agreement 2025, finding that it met the criteria for approval as set out in the Fair Work Act 2009. The agreement will now be registered and will apply to the employees of Bundaberg Walkers Engineering Ltd, trading as Bundaberg Walkers.

Bundaberg Walkers Engineering Ltd Trading AS Bundaberg Walkers

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Reasons for decision

Legal Principle Established