Lettela Pty Ltd T/A Elastomers Australia Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Lettela Pty Ltd trading as Elastomers Australia, applied to the Fair Work Commission for the approval of the Elastomers Australia Employee Enterprise Agreement 2025. The dispute arose as the applicant sought to finalise the terms of the enterprise agreement for its employees under the Fair Work Act 2009. The Commission, acting in its capacity as the relevant federal workplace authority, was tasked with determining whether the agreement met the legal requirements for approval.

The primary legal issue before the Commission was whether the enterprise agreement complied with the statutory criteria set out in section 231 of the Fair Work Act. This involved examining if the agreement contained all the mandatory terms prescribed by the Act, if it had been negotiated in good faith, and if it met the procedural requirements for approval. The Commission also had to consider the fairness of the agreement to the employees and the broader implications for industrial relations.

In reaching its decision, the Commission assessed the agreement against the statutory provisions and relevant case law. It found that the agreement contained all the necessary mandatory terms, had been negotiated in good faith, and adhered to the procedural requirements. The Commission concluded that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. Based on these findings, the Commission approved the Elastomers Australia Employee Enterprise Agreement 2025, certifying it as meeting the legislative requirements.

The Fair Work Commission approved the Elastomers Australia Employee Enterprise Agreement 2025, certifying it as compliant with the Fair Work Act. This decision finalised the terms of the enterprise agreement, ensuring that it would govern the employment conditions of the relevant employees for the specified period.

Lettela Pty Ltd T/A Elastomers Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established