Potters Industries Pty Ltd

[2025] FWCA 3055

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Potters Industries Pty Ltd

(AG2025/2768)

POTTERS INDUSTRIES PTY LTD DANDENONG ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT LAKE	BRISBANE, 10 SEPTEMBER 2025

Application for approval of the Potters Industries Pty Ltd Dandenong Enterprise Agreement 2025

Potters Industries Pty Ltd (the Applicant) made an application for approval of an enterprise agreement known as the Potters Industries Pty Ltd Dandenong Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Workers’ Union (AWU) 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 AWU.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Potters Industries Pty Ltd applied to the Fair Work Commission for approval of the Potters Industries Pty Ltd Dandenong Enterprise Agreement 2025. The application was brought under section 185 of the Fair Work Act 2009. The applicant sought approval for the enterprise agreement which is a single enterprise agreement covering employees in the manufacturing and associated industries sector. The Australian Workers' Union lodged a statutory declaration under section 183 of the Fair Work Act 2009, indicating that it wanted the agreement to cover its members.

The key legal issues before the court were whether the agreement met the requirements of sections 186, 187 and 188 of the Fair Work Act 2009, and whether the agreement would be approved. The Deputy President considered the application and the supporting documentation. The Deputy President found that all relevant requirements of the Fair Work Act 2009 had been met and that the agreement should be approved. The Deputy President also noted that the agreement would cover the Australian Workers' Union in accordance with section 201(2) of the Fair Work Act 2009.

The Deputy President approved the Potters Industries Pty Ltd Dandenong Enterprise Agreement 2025 and it will operate in accordance with section 54 of the Fair Work Act 2009. The nominal expiry date of the agreement is 30 June 2028. The Deputy President signed the decision on 10 September 2025. The Fair Work Commission has the power to approve enterprise agreements under the Fair Work Act 2009 and the Deputy President has exercised that power in this case. The approval of the agreement will provide certainty for the parties and ensure that the employees are covered by a legally binding agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established