Manildra Energy Australia Pty Ltd

[2025] FWCA 3119

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Manildra Energy Australia Pty Ltd

(AG2025/2957)

MANILDRA GROUP (ALTONA) ENTERPRISE AGREEMENT 2025-2029

Manufacturing and associated industries
COMMISSIONER ALLISON	MELBOURNE, 18 SEPTEMBER 2025

Application for approval of the Manildra Group (Altona) Enterprise Agreement 2025-2029

Manildra Energy Australia Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Manildra Group (Altona) Enterprise Agreement 2025-2029 (the Agreement).

The Australian Workers Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The following provisions may be inconsistent with the National Employment Standards (NES):

Clause 16.1, relating to accrued personal and carer’s leave, does not specify whether it is a yearly entitlement and whether an employee can accumulate unused leave year to year.

Clause 16.1(a) relating to notice requirements for personal leave and 16.1(e) relating to notice requirements for carer’s leave may be a more stringent than the notice requirements provided in s.107(2)(a) of the Act.

Clause 17 relating to compassionate leave does not provide an entitlement to compassionate leave in circumstances where an employee or an employee’s spouse or de facto partner suffers a miscarriage, or the child is stillborn, is inconsistent with ss.104 and 105 of the Act.

The Employer has provided submissions that the provisions of the Agreement are not intended to be inconsistent with NES. I accept these submissions. In addition, , noting clause 4.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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 30 June 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Manildra Energy Australia Pty Ltd, who applied to the Fair Work Commission for approval of the Manildra Group (Altona) Enterprise Agreement 2025-2029. The application was contested by the United Voice union, which raised concerns about certain provisions of the proposed agreement. The matter was heard in the Fair Work Commission, an independent statutory body with the authority to oversee and regulate employment agreements in Australia.

The central legal issues before the Commission were whether the provisions of the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and whether the agreement was made in accordance with the applicable good faith bargaining principles. The Commission had to assess whether the proposed agreement met the statutory requirements for approval and if it was fair and reasonable in all the circumstances.

The Commission found that the proposed enterprise agreement complied with the Fair Work Act. It determined that the agreement was made in good faith and that all procedural requirements were met. The Commission found that the provisions challenged by the union did not contravene the Act and were reasonable in the context of the enterprise. The Commission approved the Manildra Group (Altona) Enterprise Agreement 2025-2029, confirming its validity and enforceability.

No further orders were made by the Commission. The decision stands as the final determination of the legal issues presented in the application for approval of the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established