Industrial Conveying (Aust) Pty Ltd

[2025] FWCA 2145

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Industrial Conveying (Aust) Pty Ltd

(AG2025/1871)

INDUSTRIAL CONVEYING (AUST) PTY LTD - ICA ENTERPRISE AGREEMENT 2025 - 2029

Manufacturing and associated industries
COMMISSIONER ALLISON	MELBOURNE, 30 JUNE 2025

Application for approval of the Industrial Conveying (Aust) Pty Ltd - ICA Enterprise Agreement 2025 - 2029

An application has been made for approval of an enterprise agreement known as the Industrial Conveying (Aust) Pty Ltd - ICA Enterprise Agreement 2025 – 2029 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Industrial Conveying (Aust) Pty Ltd. The Agreement is a single enterprise agreement.

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing 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.

The Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2025. The nominal expiry date of the Agreement is 30 June 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Industrial Conveying (Aust) Pty Ltd, a company engaged in the transport and handling of industrial goods, applied for approval of the Industrial Conveying (Aust) Pty Ltd - ICA Enterprise Agreement 2025 - 2029. The application was heard by the Fair Work Commission (FWC) which is tasked with the regulation of workplace relations under the Fair Work Act 2009. The dispute centred on whether the enterprise agreement met the criteria for approval under the legislation, specifically in terms of its provisions on wages, conditions, and dispute resolution mechanisms.

The central legal issue was whether the proposed agreement satisfied the requirements of the Fair Work Act, including that it provided for fair and reasonable terms and conditions, and did not adversely affect the operation of any industrial law. The court needed to consider whether the agreement was genuinely a bargain between the parties, whether it provided for the payment of wages at a rate not less than the relevant award or registered agreement, and whether it contained adequate mechanisms for the resolution of disputes. Additionally, the court had to assess if the agreement provided for procedural fairness and equality of bargaining power between the parties.

In delivering its decision, the FWC found that the agreement largely met the statutory requirements. The court noted that the agreement provided for wages and conditions that were consistent with those set out in the relevant award, and included mechanisms for the resolution of disputes which were fair and accessible. The FWC highlighted that the agreement was the result of genuine bargaining between the parties and did not contain any provisions that would have an adverse effect on the operation of any industrial law. The court concluded that the agreement was fair and reasonable and therefore approved the application.

The FWC ordered that the Industrial Conveying (Aust) Pty Ltd - ICA Enterprise Agreement 2025 - 2029 be approved as a registered agreement. The decision was based on the findings that the agreement was genuinely negotiated, provided fair terms and conditions, and included adequate dispute resolution mechanisms. The approval of the agreement means that it will now be subject to the enforcement and compliance mechanisms under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established