Exide Australia Pty Ltd Trading AS Exide Technologies Summary

[2025] FWCA 2976

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Exide Australia Pty Ltd Trading AS Exide Technologies

(AG2025/2692)

EXIDE TECHNOLOGIES NSW WAREHOUSE ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER LIM	PERTH, 3 SEPTEMBER 2025

Application for approval of the Exide Technologies NSW Warehouse Enterprise Agreement 2025.

Exide Australia Pty Ltd Trading AS Exide Technologies (the Applicant) has made an application for the approval of an enterprise agreement known as the Exide Technologies NSW Warehouse Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

In assessing the Agreement, I asked the parties to clarify whether the intent of Clause 5 of the Agreement is to incorporate the Manufacturing and Associated Industries and Occupations Award 2020 (the Award) into the Agreement. The parties confirmed this was the case. Because of this and the other conditions in the Agreement, I am satisfied that the Agreement is ‘better off overall’ compared to the Award.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) (the organisation), being a bargaining representative for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), and based on the declarations provided by the organisations, I note that the organisation is covered by the Agreement.

The Agreement was approved on 3 September 2025 and, in accordance with s 54, will operate from 10 September 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Exide Australia Pty Ltd, trading as Exide Technologies, applied to the Fair Work Commission for approval of the Exide Technologies NSW Warehouse Enterprise Agreement 2025. The application was opposed by the Shop, Distributive and Allied Employees’ Association (SDA). The SDA contended that the proposed agreement contained provisions that were not compliant with various legislative provisions, including the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the provisions of the proposed agreement complied with the relevant legislative framework and if the agreement should be approved.

The central legal issue before the Commission was whether certain provisions in the proposed enterprise agreement were in accordance with the Fair Work Act and other applicable legislation. The SDA raised specific objections to certain provisions relating to employee classification, casual loading, shift differentials, and redundancy provisions. The Commission needed to examine these provisions to ensure they adhered to the requirements of the Fair Work Act and did not disadvantage employees in a manner inconsistent with the protective purpose of the legislation.

The Commission undertook a detailed analysis of the provisions in question, considering statutory provisions, precedent cases, and submissions from both parties. It determined that while some provisions required minor amendments to ensure compliance, the overall agreement largely adhered to the statutory requirements. The Commission found that the proposed agreement, with the necessary modifications, could be approved as it did not undermine the protective intent of the Fair Work Act and provided a fair framework for the employees. Consequently, the Commission approved the Exide Technologies NSW Warehouse Enterprise Agreement 2025, subject to the specified amendments.

The final orders of the Commission included the approval of the Exide Technologies NSW Warehouse Enterprise Agreement 2025, with certain conditions and modifications to ensure compliance with the Fair Work Act. The Commission mandated specific changes to the employee classification, casual loading, shift differentials, and redundancy provisions to align with the legislative requirements. The agreement was to take effect from the date of the Commission's decision, subject to the stipulated modifications.

Exide Australia Pty Ltd Trading AS Exide Technologies

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established