Etex Australia Pty Ltd Trading AS Etex Plasterboard Summary

[2025] FWCA 1303

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Etex Australia Pty Ltd Trading AS Etex Plasterboard

(AG2025/863)

THE ETEX AUSTRALIA (BEENLEIGH) ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 17 APRIL 2025

Application for approval of The Etex Australia (Beenleigh) Enterprise Agreement 2025

Etex Australia Pty Ltd Trading As Etex Plasterboard (the Employer) has applied for approval of an enterprise agreement known as The Etex Australia (Beenleigh) 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 18 July 2024 and the Agreement was made on 19 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 a written undertaking. A copy of the undertaking 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) and the other bargaining representatives regarding the undertaking, allowing a period of two business days from receipt of the undertaking to provide any views. No views were received.

I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertaking. In accordance with s.201(3) of the Act, I note that the undertaking are taken to be a term of the Agreement.

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(1)(a) of the Act and by virtue of clause 1 of the undertaking, will operate from 24 April 2025. The nominal expiry date of the Agreement is 17 April 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A – Undertakings

In the Fair Work Commission, Etex Australia Pty Ltd, trading as Etex Plasterboard, applied for approval of The Etex Australia (Beenleigh) Enterprise Agreement 2025. The dispute centered around whether the agreement complied with the relevant legislative framework, particularly concerning the terms and conditions of employment for the workers involved. The Commission was tasked with determining whether the agreement met the necessary legal standards and was in the best interests of the workers.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement contained all the mandated terms and conditions, if it was free from prohibited content, and if it was made in good faith. Additionally, the Commission had to consider whether the agreement provided appropriate protections and benefits for the employees and whether it was consistent with the broader principles of the Act.

The Commission found that the agreement largely complied with the legislative requirements. The agreement contained all the mandated terms and conditions, including those relating to wages, hours of work, and other employment-related matters. The Commission also determined that the agreement was free from prohibited content and had been made in good faith. Furthermore, the agreement provided suitable protections and benefits for the employees and aligned with the principles of the Act. Consequently, the Commission approved the agreement.

The final orders of the Commission were that The Etex Australia (Beenleigh) Enterprise Agreement 2025 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be registered and published in accordance with the Act, and the parties were directed to take all necessary steps to give effect to the approved agreement.

Etex Australia Pty Ltd Trading AS Etex Plasterboard

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established