Monroe Australia Ltd Summary

[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

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.

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.

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.

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.

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.

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.

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.

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

ANNEXURE A

The matter before the Fair Work Commission involved an application by Monroe Australia Pty Ltd for approval of the Monroe Australia Pty Ltd Continuous Improvement Enterprise Agreement 2025. The agreement was proposed to cover employees of the company. The dispute centred around whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. Monroe Australia Pty Ltd argued that the agreement was fair and reasonable, while the opposing party contended that the agreement failed to meet the standards for approval.

The primary legal issues that the court needed to address were whether the agreement was genuinely a product of bargaining between the employer and the employees, and whether it complied with the provisions of the Fair Work Act. Specifically, the court had to consider whether the agreement provided for terms and conditions of employment that were fair and reasonable, and whether it had been negotiated in good faith. The court also had to examine whether the agreement met the requirements for the registration of an enterprise agreement, including the necessity of independent advice and the absence of prohibited content.

In delivering the decision, the commission found that the agreement had been negotiated in good faith and genuinely reflected the outcome of direct and genuine negotiations between the parties. The commission further determined that the agreement provided for terms and conditions of employment that were fair and reasonable. The agreement met all the necessary requirements for registration under the Fair Work Act. The commission approved the Monroe Australia Pty Ltd Continuous Improvement Enterprise Agreement 2025, finding that it was fit for the purpose of registration. The agreement was therefore registered as a certified agreement.

Monroe Australia Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established