PWG King & Sons Pty Ltd Trading AS Kings Engineering
[2025] FWCA 2833
•25 AUGUST 2025
| [2025] FWCA 2833 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
PWG King & Sons Pty Ltd Trading AS Kings Engineering
(AG2025/2536)
PWG KING & SONS PTY LTD ENTERPRISE AGREEMENT 2025
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT SLEVIN | SYDNEY, 25 AUGUST 2025 |
Application for approval of the PWG KING & SONS PTY LTD ENTERPRISE AGREEMENT 2025
An application has been made by PWG King & Sons Pty Ltd (Applicant) for approval of an enterprise agreement known as the PWG KING & SONS PTY LTD ENTERPRISE 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.
Section 186(2)(c) requires that the terms of the Agreement do not exclude the National Employment Standards (NES). I note that Clause 7.4(a) provides that an employee who is deemed to have abandoned their employment shall be considered to have committed an act of misconduct, and Clause 7.4(b) provides that the employer may terminate an employee without notice if the employee is guilty of misconduct. This may have the effect of excluding rights under the NES. Clause 4.2 of the Agreement, however, is to the effect that where the Agreement might operate less favourably than the NES, the NES will apply. Consequently, I am satisfied that any more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) Union (AMWU) 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 AMWU
The Agreement was approved on 25 August 2025 and will operate from 1 September 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 July 2026.
DEPUTY PRESIDENT
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