Mesh & Bar Pty Ltd

[2025] FWCA 2502

[2025] FWCA 2502

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Mesh & Bar Pty Ltd

(AG2025/2173)

MESH & BAR PTY LTD REDBANK ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER DURHAM	BRISBANE, 29 JULY 2025

Application for approval of the Mesh & Bar Pty Ltd Redbank Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Mesh & Bar Pty Ltd Redbank Enterprise 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 Mesh & Bar Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

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 Agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the new model flexibility term in Schedule 1 of the Fair Work (Model Terms) Determination 2025 is be taken to be a term of the Agreement.

1. The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

1. The Agreement does not contain a delegates’ rights term compliant with the Act. Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

1. Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

2. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

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