Dux Manufacturing Limited Trading AS Dux Hot Water

[2025] FWCA 1749

The attached document replaces the document previously issued with the above code on 23 May 2025.

The attached document wholly replaces the document previously issued with code [2025] FWC 1421 to correct document referencing.

Associate to Commissioner McKinnon

Dated 26 May 2025

[2025] FWCA 1749

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dux Manufacturing Limited Trading AS Dux Hot Water

(AG2025/1519)

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 23 MAY 2025

Application for approval of the Dux Manufacturing Moss Vale Enterprise Agreement 2025

Dux Manufacturing Limited Trading has applied for approval of a single enterprise agreement known as the Dux Manufacturing Moss Vale Enterprise Agreement 2025 (the Agreement).

On the papers and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 (the Act) as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 2 June 2025. The nominal expiry date of the Agreement is 31 March 2028.

In accordance with s.205A(2) of the Act, the workplace delegates’ rights term in the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

The Agreement covers the Australian Manufacturing Workers’ Union.

COMMISSIONER

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has considered an application by Dux Manufacturing Limited Trading as Dux Hot Water for approval of the Dux Manufacturing Moss Vale Enterprise Agreement 2025. The application pertains to a single enterprise agreement that would cover employees in the manufacturing and associated industries sector. The primary legal issues for the Commission to resolve were whether the application met the statutory requirements for approval under the Fair Work Act 2009 and whether the agreement was a genuine agreement as per the Statement of Principles on Genuine Agreement. The Commission was also required to assess whether the agreement contained all the mandatory terms as per the Act and whether it complied with any relevant provisions of the Fair Work (Resolution of Certain Matters) Instrument.

The Commission found that all relevant requirements for approval under sections 186, 187, and 188 of the Fair Work Act had been satisfied. The agreement was deemed to be a genuine agreement, meeting the criteria set out in the Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023. Furthermore, the agreement was found to include all mandatory terms as required by the Act and did not contravene any relevant provisions of the Fair Work (Resolution of Certain Matters) Instrument. The Commission was satisfied that the workplace delegates’ rights term in the Manufacturing and Associated Industries and Occupations Award 2020 would be incorporated into the agreement as per section 205A(2) of the Act. The agreement was approved and will take effect from 2 June 2025, with a nominal expiry date of 31 March 2028.

The Fair Work Commission approved the Dux Manufacturing Moss Vale Enterprise Agreement 2025, finding that all statutory requirements for approval were met and that the agreement was genuine. The agreement will operate from 2 June 2025 and will expire on 31 March 2028. The Commission determined that the workplace delegates’ rights term in the Manufacturing and Associated Industries and Occupations Award 2020 would be incorporated into the agreement. The Australian Manufacturing Workers’ Union is covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established