Monroe Australia Ltd

[2025] FWCA 3213

[2025] FWCA 3213

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Monroe Australia Ltd

(AG2025/2990)

MONROE AUSTRALIA PTY LTD CONTINUOUS IMPROVEMENT ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER THORNTON	ADELAIDE, 22 SEPTEMBER 2025

Application for approval of the Monroe Australia Pty Ltd Continuous Improvement Enterprise Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Monroe Australia Pty Ltd Continuous Improvement 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 Monroe Australia Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The copy of the Agreement filed with the application for approval did not contain a signature page compliant with s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009. An amended signature page was later filed that met the requirements of the Act and Regulations. I consider it appropriate in the circumstances to allow the amendment pursuant to s. 586(a) of the Act.

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 Applicant has given an undertaking with respect to withholding monies on termination. Noting the specific undertaking provided and the undertaking to include a National Employment Standards (NES) precedence clause, 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.

1. Pursuant to sections 193A(6) and (6A) of the Act, I have had regard to the submissions of the Applicant that it is unlikely that employees classified at C14 will work reduced shifts of less than 3 hours such that they may be better off under the Award, receiving a minimum engagement of 4 hours a shift. For completeness, I note the terms of section 227A of the Act that allows the Commission, in certain circumstances, to reconsider whether the Agreement passes the better off overall test if there are changes to the patterns of work at a later time.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union (AWU) and the United Workers’ Union (UWU) 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, the AWU and the UWU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 29 September 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE530547  PR791998>

ANNEXURE A