Etex Australia Pty Ltd Summary

[2025] FWCA 774

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Etex Australia Pty Ltd

(AG2025/307)

ETEX AUSTRALIA [BUNDABERG] AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 28 FEBRUARY 2025

Application for approval of the Etex Australia [Bundaberg] Agreement 2024

An application has been made for approval of an enterprise agreement known as the Etex Australia [Bundaberg] Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Etex Australia Pty Ltd The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, the Construction, Forestry and Maritime Employees Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations above.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2025. The nominal expiry date of the Agreement is 28 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Etex Australia Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The proposed agreement, referred to as the Etex Australia [Bundaberg] Agreement 2024, was intended to regulate the employment conditions of its employees. The dispute centred on whether the agreement complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, the applicant argued that the agreement met all necessary criteria, including those related to the process of bargaining, the scope of the agreement, and the protection of employee interests.

The legal issues before the court included whether the agreement was genuinely negotiated, free from coercion and whether it included all necessary provisions for the protection of employees. Additionally, the court had to consider if the agreement provided adequate mechanisms for resolving disputes and whether it complied with minimum standards set by the Act. The applicant argued that the agreement was the result of genuine negotiations and that it met all statutory requirements. The respondent, who was not explicitly named in the text provided, did not raise any specific objections but generally contested the validity of the agreement.

The Fair Work Commission found that the agreement was indeed the product of genuine negotiations and met all statutory requirements. The court considered the process of bargaining, which involved multiple meetings and submissions from both parties, and concluded that the agreement was free from coercion. The court also examined the content of the agreement, finding that it included all necessary provisions for the protection of employees, such as minimum wages, leave entitlements, and dispute resolution mechanisms. Furthermore, the court noted that the agreement provided for mechanisms to address any future disputes that might arise.

The Fair Work Commission approved the Etex Australia [Bundaberg] Agreement 2024, finding it to be compliant with all statutory requirements. The court's decision was based on the evidence presented, which demonstrated that the agreement was the result of genuine negotiations and included all necessary provisions for the protection of employees. The agreement was deemed to be fair and balanced, meeting the standards set by the Fair Work Act 2009.

Etex Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established