Placard Pty Ltd

[2025] FWCA 3479

[2025] FWCA 3479

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Placard Pty Ltd

(AG2025/3106)

PLACARD PTY. LTD. AND AMWU ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER FOX	MELBOURNE, 17 OCTOBER 2025

Application for approval of the Placard Pty. Ltd. and AMWU Enterprise Agreement 2025.

1. An application has been made for approval of an enterprise agreement known as the Placard Pty. Ltd. and AMWU Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Placard Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

• Personal/Carer’s Leave: Clause 12.2 of the Agreement provides that personal leave accrues on a pro-rata basis each four weeks. Section 96(2) of the Act provides that personal/carer’s leave accrues progressively during a year of service.

• Termination - Apprentices: Clause 4.2.1(e)(ii) of the incorporated Graphic Art-General-Award 2000 excludes apprentices from receiving notice of termination. Section 123 of the Act does not provide such an exclusion.

• Public Holidays: Clause 7.5.6 of the incorporated Graphic Arts-General-Award 2000 provides that where an employee is absent from the employee’s employment on the day before or the working day after a public holiday without reasonable excuse or without the consent of the employer, the employee will not be entitled to payment for such holiday. Section 116 of the Act states that where an employee is absent on a public holiday, the employer must pay the employee at the employee’s base rate of pay for the employee’s ordinary hours of work on the day or part-day.

1. However, noting clause 6A 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.

1. The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement supports the approval of 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 that the Agreement covers the organisation.

1. The Agreement is approved, and in accordance with s.54 of the Act, will operate from 24 October 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

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Annexure A