Pax Australia Pty Ltd

[2025] FWCA 3282

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Pax Australia Pty Ltd

(AG2025/3180)

PAX AUSTRALIA-AWU ENTERPRISE BARGAINING AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT SLEVIN	SYDNEY, 29 SEPTEMBER 2025

Application for approval of the Pax Australia-AWU Enterprise Bargaining Agreement 2025

An application has been made by Pax Australia Pty Ltd (Applicant) for approval of an enterprise agreement known as the the Pax Australia-AWU Enterprise Bargaining Agreement 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

The Australian Workers Union (AWU) was a bargaining representative for the Agreement and has given 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 AWU.

The Agreement was approved on 29 September 2025 and will operate from 6 October 2025 in accordance with s.54 of the Act despite Clause 3 of the agreement. The nominal expiry date of the Agreement is 30 September 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pax Australia Pty Ltd, along with the Australian Workers' Union, applied to the Fair Work Commission for the approval of the Pax Australia-AWU Enterprise Bargaining Agreement 2025. The agreement pertains to the terms and conditions of employment for certain employees of Pax Australia, and the dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The applicants argued that the agreement was fair and balanced, while no third-party interveners contested the application.

The legal issues before the Commission involved whether the agreement complied with the provisions of the Fair Work Act, particularly sections regarding minimum standards, genuine bargaining, and the process for approval. The Commission had to consider whether the agreement satisfied the criteria for genuine agreement, whether it provided for minimum terms and conditions, and whether it adhered to the procedural requirements outlined in the legislation.

The Commission found that the agreement was genuinely negotiated between the parties and met the minimum standards set out in the Fair Work Act. It was satisfied that the agreement had been negotiated in good faith and that the process followed was appropriate. The Commission also considered that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the bargaining parties. As a result, the Commission approved the Pax Australia-AWU Enterprise Bargaining Agreement 2025, deeming it to be in the best interests of the employees and the employer. The decision was made on the basis that the agreement was fair, balanced, and met all legal requirements for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established