ITW Construction Asia Pacific

[2025] FWCA 1802

[2025] FWCA 1802

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

ITW Construction Asia Pacific

(AG2025/1504)

ITW DANDENONG SOUTH WAREHOUSE - UNITED WORKERS UNION ENTERPRISE AGREEMENT 2025

Storage services
COMMISSIONER TRAN	MELBOURNE, 29 MAY 2025

Application for approval of the ITW Dandenong South Warehouse - United Workers Union Enterprise Agreement 2025

1. ITW Construction Asia Pacific has applied for approval of an enterprise agreement known as the ITW Dandenong South Warehouse - United Workers Union Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009.

1. The Agreement is a single enterprise agreement.

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

   ·   Compassionate Leave - Clause 26.4 does not provide for the entitlement when the employee, their spouse or de facto partner has a miscarriage or gives birth to a stillborn child. This may be inconsistent with s 104(1)(c) of the Act.

   ·   Termination - Clauses 13.5 and 13.1(d) provide that an employee may be summarily dismissed for ‘conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty,’ which may be inconsistent with the definition of serious misconduct in regulation 1.07 of the Fair Work Regulations.

   ·   Parental leave: Clause 27.1(d) of the Agreement limits the taking of concurrent leave to 8 weeks, which appears more restrictive than s.70 of the Act.

1. Clause 4(c) of the Agreement gives precedence to the NES and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Employer has provided written undertakings. 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. The United Workers’ Union (UWU) 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 UWU.

1. The Agreement is approved and despite clause 3 but in accordance with s 54 of the Act, will operate from 5 June 2025.

1. In accordance with clause 3, the nominal expiry date of the Agreement is 1 May 2028.

COMMISSIONER

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APPENDIX A