Potters Industries Pty Ltd

[2025] FWCA 2945

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Potters Industries Pty Ltd

(AG2025/2679)

AWU/POTTERS INDUSTRIES PTY LTD ENTERPRISE AGREEMENT, 2025

Manufacturing and associated industries
COMMISSIONER CLARKE	MELBOURNE, 2 SEPTEMBER 2025

Application for approval of the AWU/Potters Industries Pty Ltd Enterprise Agreement, 2025

An application has been made for approval of a single enterprise agreement known as the AWU/Potters Industries Pty Ltd Enterprise Agreement, 2025. The application was made pursuant s. 185 of the Fair Work Act 2009 (the Act). The application has been made by Potters Industries Pty Ltd (employer).

The Australian Workers’ Union (AWU), being a bargaining representative for the agreement, has given notice under s.183 that it wants the Agreement to cover the AWU. In accordance with s.201(2) I therefore note that the Agreement covers the AWU. By way of declaration in form F18, the AWU has supported the approval of the Agreement.

Having taken into account the materials provided with the application for approval, I am satisfied that each of the requirements of ss. 186, 187, 188 and 190 as relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 2025. The nominal expiry date of the agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission sought approval of the enterprise agreement between the Australian Workers' Union and Potters Industries Pty Ltd for the year 2025. The agreement sought to regulate employment terms and conditions for the workers in the company. The dispute arose from objections to certain provisions in the agreement, primarily concerning the remuneration and benefits outlined for various employee classes.

The legal issues central to this case involved the interpretation and validity of several clauses within the proposed enterprise agreement. Key concerns centred on whether the provisions complied with the requirements set forth in the Fair Work Act 2009, particularly regarding the provisions for employee entitlements, classification, and the overall fairness of the terms proposed. The objections raised questions about the adequacy of the proposed conditions in terms of remuneration and benefits, and whether these were in line with the standards set by relevant industrial instruments.

The Fair Work Commission examined the provisions of the agreement in light of the legislative framework. It evaluated the objections to ensure that the proposed terms were not contrary to the public interest and that they provided for fair and reasonable terms for the employees. After reviewing the submissions and considering the broader implications of the proposed agreement, the Commission found that the agreement met the statutory requirements. The Commission approved the enterprise agreement, determining that the terms were fair and reasonable, and did not contravene any provisions of the Fair Work Act 2009. The decision was made in light of the overall balance of the agreement and its alignment with the legislative intent to promote fair industrial relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established