Pacific Marine Batteries Pty Ltd

[2025] FWCA 2284

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Pacific Marine Batteries Pty Ltd

(AG2025/1636)

PACIFIC MARINE BATTERIES COLLECTIVE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER THORNTON	ADELAIDE, 10 JULY 2025

Application for approval of the Pacific Marine Batteries Collective Agreement 2025

An application has been made for approval of an enterprise agreement known as the Pacific Marine Batteries Collective 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 Pacific Marine Batteries Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

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.

Noting the undertakings provided, and clause 9 of the Agreement, 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.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 17 July 2025. The nominal expiry date of the Agreement is 2 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Pacific Marine Batteries Pty Ltd recently appeared before the Fair Work Commission in a case concerning the approval of a collective agreement. The applicant, Pacific Marine Batteries, sought approval of the Pacific Marine Batteries Collective Agreement 2025, which was intended to govern the terms and conditions of employment for its employees. The nature of the dispute involved whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, particularly focusing on whether it provided for fair and reasonable terms of employment.

The primary legal issues before the Commission included whether the agreement contained all required terms and conditions of employment, whether it met the criteria for being a "single, integrated, and effective" agreement, and whether it provided for fair and reasonable terms of employment as required by the Act. Additionally, the Commission had to consider whether the agreement complied with the procedural requirements for its approval.

In delivering its decision, the Commission examined the proposed agreement in detail, assessing whether it covered all necessary terms and conditions of employment and was presented in a single, integrated, and effective manner. The Commission noted that the agreement included provisions for wages, leave, hours of work, and other standard terms of employment. It also found that the agreement was appropriately negotiated and presented, meeting the procedural requirements under the Act. The Commission concluded that the agreement provided for fair and reasonable terms of employment, thereby meeting all statutory criteria for approval.

Consequently, the Commission approved the Pacific Marine Batteries Collective Agreement 2025, finding it to be compliant with the relevant legislative requirements. The approval ensures that the terms and conditions set out in the agreement will govern the employment relationship between Pacific Marine Batteries and its employees, providing a clear and fair framework for both parties moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established