Mayfield Industries Pty Ltd

[2025] FWCA 3110

[2025] FWCA 3110

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Mayfield Industries Pty Ltd

(AG2025/2722)

MAYFIELD INDUSTRIES PTY LIMITED MANUFACTURING AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER THORNTON	ADELAIDE, 16 SEPTEMBER 2025

Application for approval of the Mayfield Industries Pty Limited Manufacturing Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Mayfield Industries Pty Limited Manufacturing Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mayfield Industries Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has advised the Commission that the Notice of Employee Representational Rights (NERR) provided to the employees contained minor errors and was re-issued to the same employees approximately six weeks later, with the errors removed. I am satisfied that the Agreement would have been genuinely agreed to but for the re-issuing of the NERR and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act and exercise the discretion conferred by s.188(5) of the Act to disregard the minor procedural error.

1. The Applicant 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged Form F18 statutory declarations respectively giving notice under s.183 of the Act that they want the Agreement to cover their organisations. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU and the CEPU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 23 September 2025. The nominal expiry date of the Agreement is 22 June 2028.

COMMISSIONER

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ANNEXURE A