Intercast & Forge Pty Ltd

[2025] FWCA 1839

[2025] FWCA 1839

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Intercast & Forge Pty Ltd

(AG2025/1499)

INTERCAST & FORGE ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER ROGERS	ADELAIDE, 30 MAY 2025

Application for approval of the Intercast & Forge Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Intercast & Forge Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Intercast & Forge Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided written undertakings, a copy of which 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. Pursuant to sections 193A(6) and (6A) of the Act, I have had regard to the submissions of the Employer that patterns of work which may cause employees’ ordinary hours to be better off under the Award are not reasonably foreseeable. I accept the submissions of the Employer. For completeness I note the terms of section 227A of the Act that allows the Commission, in certain circumstances, to reconsider whether the Agreement passes the better off overall test if there are changes to the patterns of work at a later time.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 6 June 2025. The nominal expiry date of the Agreement is 31 March 2028.

COMMISSIONER

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Annexure A