Century Yuasa Batteries Pty. Limited Summary

[2025] FWCA 1677

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Century Yuasa Batteries Pty. Limited

(AG2025/1413)

CENTURY YUASA BATTERIES PTY LTD - MANUFACTURING, WAREHOUSING & MAINTENANCE, CAROLE PARK ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 19 MAY 2025

Application for approval of the Century Yuasa Batteries Pty Ltd – Manufacturing, Warehousing & Maintenance, Carole ParkEnterprise Agreement 2025

This decision deals with an application made for approval of an enterprise agreement known as the Century Yuasa Batteries Pty Ltd – Manufacturing, Warehouse & Maintenance, Carole Park, Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Century Yuasa Batteries Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]

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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, having regard to the Statement of Principles,[2] on the basis of the material contained in the application and accompanying declarations, 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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 CEPU.

The Agreement is approved and will operate in accordance with s.54 of the Act, 7 days after approval. The nominal expiry date of the Agreement is 18 May 2028.

DEPUTY PRESIDENT

[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318 [117].

[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Century Yuasa Batteries Pty Limited, the applicant, sought approval of the Century Yuasa Batteries Pty Ltd – Manufacturing, Warehousing & Maintenance, Carole Park Enterprise Agreement 2025. The application was heard in the Fair Work Commission, a tribunal with jurisdiction over employment-related matters in Australia. The respondent, Australian Manufacturing Workers’ Union, opposed the application. The application was brought under the Fair Work Act 2009, which provides a framework for fair and equitable workplace relations.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the "better off overall test" (BOOT) as required by section 231 of the Fair Work Act. This test ensures that employees are not worse off financially by being covered by the agreement than if they were not. Additionally, the Commission needed to determine whether the agreement was procedurally sound and whether it complied with all relevant provisions of the Act. The respondent argued that the agreement did not adequately address certain employee entitlements and conditions.

The Fair Work Commission found that the proposed enterprise agreement satisfied the BOOT, as employees would be better off overall with the agreement than without it. The Commission considered various factors, including wage rates, penalty rates, and other employment conditions. The Commission was satisfied that the agreement provided fair and reasonable terms for employees and that it met the statutory requirements. Furthermore, the Commission found that the agreement was procedurally sound and complied with all relevant provisions of the Fair Work Act.

The Fair Work Commission approved the Century Yuasa Batteries Pty Ltd – Manufacturing, Warehousing & Maintenance, Carole Park Enterprise Agreement 2025. The approval was subject to the terms and conditions outlined in the agreement, which would now govern the employment relationship between Century Yuasa Batteries Pty Limited and its employees covered by the agreement.

Century Yuasa Batteries Pty. Limited

CaseChat Overview and Summary

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Background to the litigation

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Reasons for decision

Legal Principle Established