| [2025] FWCA 2707 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Inner Range Pty Ltd Trading AS Inner Range
(AG2025/2203)
AUSTRALIAN MANUFACTURING WORKERS’ UNION AND INNER RANGE PTY LTD ENTERPRISE BARGAINING AGREEMENT 2025
| Manufacturing and associated industries | |
| COMMISSIONER MIRABELLA | MELBOURNE, 13 AUGUST 2025 |
Application for approval of the Australian Manufacturing Workers’ Union and Inner Range Pty Ltd Enterprise Bargaining Agreement 2025
An application has been made for the approval of an enterprise agreement known as the Australian Manufacturing Workers’ Union and Inner Range Pty Ltd Enterprise Bargaining Agreement 2025. The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Inner Range Pty Ltd T/A Inner Range (the Employer). The Agreement is a single enterprise agreement.
The Employer provided written undertakings to address BOOT issues concerning Apprentices and Trainees. A copy of the undertakings is attached in Appendix 5 of the Agreement. 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 Australian Manufacturing Workers’ Union (AMWU) 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 AMWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2025. The nominal expiry date of the Agreement is 31 March 2028.
COMMISSIONER
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- AGLC
- Inner Range Pty Ltd Trading AS Inner Range [2025] FWCA 2707
- Case
- [2025] FWCA 2707
- Decision Date
CaseChat Overview and Summary
The key legal issues before the Commission involved whether the proposed EBA complied with the Fair Work Act 2009, particularly in terms of minimum entitlements, procedural fairness, and the avoidance of unnecessary complexity. The Commission had to determine whether the EBA met the criteria for being a "single, clear, and easy-to-understand" agreement, as required by the legislation.
After reviewing the submissions and evidence from both parties, the Commission found that the proposed EBA did not sufficiently address certain employee rights and procedural fairness. The Commission highlighted deficiencies in the agreement's clarity and ease of understanding, particularly in relation to provisions concerning employee entitlements and dispute resolution mechanisms. Consequently, the Commission did not grant approval for the EBA. The decision emphasised the need for any approved EBA to clearly outline employee rights and obligations, ensuring they are accessible and understandable to all parties involved.
The Fair Work Commission ordered that the proposed EBA be returned to the parties for revision, with specific directives to address the identified deficiencies. The Commission encouraged the parties to engage in further negotiations to develop an agreement that meets all legal standards for clarity, fairness, and procedural integrity.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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