HydroChem Pty Ltd

[2025] FWCA 3104

[2025] FWCA 3104

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

HydroChem Pty Ltd

(AG2025/2997)

HYDRO-CHEM AND AWU ENTERPRISE AGREEMENT 2025 - 2028

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 12 SEPTEMBER 2025

Application for the Hydro-Chem and AWU Enterprise Agreement 2025 - 2028

1. An application has been made for approval of an enterprise agreement known as the Hydro-Chem and AWU Enterprise Agreement 2025 - 2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HydroChem Pty Ltd. The Agreement is a single enterprise agreement.

1. I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. An older version of the NERR was provided and it contained a minor difference in the title for the Agreement to the one noted above.  However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.   

1. I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that clauses 33.4 and 34 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. The Agreement is approved and in accordance with s.54, will operate from 19 September 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

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