Dux Manufacturing Limited Trading Summary

[2025] FWC 1421

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dux Manufacturing Limited Trading

(AG2025/1519)

DUX MANUFACTURING MOSS VALE ENTERPRISE AGREEMENT 2025

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 matter before the Fair Work Commission involved an application for the approval of the Dux Manufacturing Moss Vale Enterprise Agreement 2025. The dispute centred around whether the agreement met the necessary legal requirements for approval and whether it was consistent with the provisions of the Fair Work Act 2009. The application was brought by the employer, Dux Manufacturing Limited, which sought to have the agreement ratified to facilitate the ongoing operations of its Moss Vale facility.

The primary legal issues that the commission had to resolve were whether the agreement was a "bargained" agreement and whether it adhered to the procedural fairness and substantive fairness requirements outlined in the Fair Work Act. The bargaining process, the fairness of the terms, and the compliance of the agreement with statutory obligations were all scrutinized. The commission also considered whether there were any inconsistencies with the national employment standards and if the agreement provided for the necessary protections for employees.

In its decision, the commission carefully examined the evidence and submissions provided by both parties. It concluded that the agreement was indeed a genuine bargain between the employer and the relevant employee representatives. The commission found that the bargaining process was conducted fairly, and the terms of the agreement were reasonable in the circumstances. The substantive fairness of the agreement was upheld, as it provided appropriate protections for employees and was consistent with the national employment standards. Consequently, the commission approved the Dux Manufacturing Moss Vale Enterprise Agreement 2025.

Dux Manufacturing Limited Trading

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established