Carbon Revolution Operations Pty Ltd

[2025] FWCA 2659

[2025] FWCA 2659

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Carbon Revolution Operations Pty Ltd

(AG2025/1842)

CARBON REVOLUTION OPERATIONS PTY LTD ENTERPRISE AGREEMENT 2025-2026

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 8 AUGUST 2025

Application for approval of the Carbon Revolution Operations Pty Ltd Enterprise Agreement 2025-2026

1. An application has been made for the approval of an enterprise agreement known as the Carbon Revolution Operations Pty Ltd Enterprise Agreement 2025-2026. The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Carbon Revolution Operations Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

1. The F17 Declaration submitted by the Employer did not include information about whether employees have a sufficient interest in the terms of the agreement or were sufficiently representative of the employees it intends to cover. Consequently, the Commission was unable to make a determination on these matters. The Employer subsequently provided submissions which included information relevant to the issue of sufficient interest and sufficiently representative. Based on those submissions I am satisfied that the employees requested to approve the agreement by voting for it have a sufficient interest in the terms of the agreement and are sufficiently representative.

1. The NERR indicated that the Agreement will cover employees currently covered under the ‘Carbon Revolution Operations Pty Ltd Enterprise Agreement 2023-2025’. We note that the previous Agreement classifications are listed from B-G, whereas the proposed Agreement lists the classifications as A-G. However, as there were previously two E level classifications, the total number of classifications in both Agreements remains the same. Additionally, the coverage outlined in clause 2.2 of both Agreements has not changed. The Employer provided submissions that this matter constituted a minor technical error. I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that these matters constituted minor technical or procedural errors for the purposes of s.188(5) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

1. I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 5.6
• Clause 6.1

The Employer provided a NES precedence clause within their undertakings. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Employer provided written undertakings to address certain BOOT issues. A copy of the undertakings is attached in Annexure 4 of the Agreement. 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.

1. 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.

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

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 August 2025. The nominal expiry date of the Agreement is 8 August 2026.

COMMISSIONER

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

<AE530010  PR790534>