Lettela Pty Ltd T/A Elastomers Australia
[2025] FWCA 3434
•14 OCTOBER 2025
| [2025] FWCA 3434 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Lettela Pty Ltd T/A Elastomers Australia
(AG2025/3115)
ELASTOMERS AUSTRALIA EMPLOYEE ENTERPRISE AGREEMENT 2025
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT FAROUQUE | MELBOURNE, 14 OCTOBER 2025 |
Application for approval of the Elastomers Australia Employee Enterprise Agreement 2025
Introduction
Lettela Pty Ltd T/A Elastomers Australia (the Employer) has made an application for approval of a single-enterprise agreement known as the Elastomers Australia Employee Enterprise Agreement 2025 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).
National Employment Standards (NES) Issues
I note that some provisions of the Agreement (being clause 7.4 (Compassionate Leave), clause 10.2(b) (Abandonment of Employment) and clause 7.10(b) (Family Domestic Violence Leave) may be inconsistent with the National Employment Standards (NES). However, clause 3.3 (Relationship to the National Employment Standards (NES)) of the Agreement operates to provide that more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. Consequently, I am satisfied that the terms of the Agreement do not contravene s 55 of the Act.
Flexibility Term
Clause 11 (Flexibility Terms) of the Agreement appears to have omitted the provision in s 5(a) of the Model Flexibility Term (Model Term) that provides that ‘The employer must ensure that that the terms of the individual flexible arrangement are about permitted matters under section 172 of the Fair Work Act 2009.’ Noting that clause 11 of the Agreement is otherwise identical to the Model Term, the Model Term will be inserted as a term of the Agreement.
Section 186, 187 and 188
I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
Section 183 Bargaining Representatives
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU).
Approval
The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.
DEPUTY PRESIDENT
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