Luna Nameplate Industries Pty Ltd

[2025] FWCA 3121

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Luna Nameplate Industries Pty Ltd

(AG2025/3042)

LUNA NAMEPLATE INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER FOX	MELBOURNE, 18 SEPTEMBER 2025

Application for approval of the Luna Nameplate Industries Pty Ltd Enterprise Agreement 2025.

An application has been made for approval of an enterprise agreement known as the Luna Nameplate Industries Pty Ltd Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Luna Nameplate Industries Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7) of the Act.

The Australian Workers’ Union being a bargaining representative for the Agreement supports the approval of the Agreement and has given 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 that the Agreement covers the organisation.

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 25 September 2025. The nominal expiry date of the Agreement is 31 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the case of Luna Nameplate Industries Pty Ltd involved an application for the approval of the enterprise agreement proposed by the employer for the year 2025. The dispute centred around the terms and conditions of employment for the workers within the enterprise, specifically focusing on wages, working hours, and leave provisions. The Fair Work Commission was tasked with determining whether the agreement was fair and reasonable in all its aspects, particularly concerning the provisions that deviated from the national minimum standards set out in the relevant industrial award.

The legal issues that the Commission needed to address included whether the agreement complied with the requirements of section 230 of the Fair Work Act 2009, which mandates that an enterprise agreement must be procedurally and substantively fair. Additionally, the Commission had to assess whether the agreement was made in good faith, as per section 228 of the Act, and if it covered the necessary matters as outlined in section 229. The Commission also needed to consider the implications of any non-compliance with the award and the potential impact on the employees.

In delivering its decision, the Fair Work Commission examined the submissions from both parties and the evidence presented. The Commission found that while the majority of the agreement was procedurally sound, certain provisions regarding penalty rates and leave entitlements did not meet the standards of fairness and reasonableness. The Commission determined that these provisions had the potential to cause significant detriment to the employees and, as such, were not in compliance with the legislative requirements. Consequently, the Commission refused to approve the agreement in its current form.

Pending the submission of a revised agreement that addresses the identified issues, the Commission's orders did not proceed to approve the enterprise agreement as presented. The parties were directed to recommence negotiations with a view to reaching an agreement that would meet the statutory requirements for procedural and substantive fairness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established