Rotafab Pty Ltd

[2025] FWCA 2710

[2025] FWCA 2710

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Rotafab Pty Ltd

(AG2025/2527)

ROTAFAB PTY LTD WORKSHOP ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 13 AUGUST 2025

Application for approval of the Rotafab Pty Ltd Workshop Enterprise Agreement 2025

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

1. In their application, the Employer did not provide much information in relation to explaining the Agreement to the employees. The Employer provided submissions about how the terms and effects of the Agreement were explained to employees. I am satisfied having regard to those submissions that the requirements of s.180(5) of the Act have been met.

1. The pre-reform version of the Notice of Employee Representational Rights (NERR) appears to have been provided to the employees. Further, the NERR provided to the employees contained the incorrect title of the Agreement. The Employer provided submissions that this matter constituted a minor technical error. I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that these matters constituted minor technical or procedural errors for the purposes of s.188(5) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

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

• Clause 22.1(i) – Personal Leave
• Clause 23 – Compassionate Leave

The Agreement contains a NES precedence clause in clause 7.7. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement does not contain a delegates’ rights term, as required by s. 205A(1) of the Act. Pursuant to s. 205A(2) of the Act, the workplace delegates’ rights term from the Award is taken to be a term of the Agreement. A copy of the workplace delegates’ rights term can be found in the undertakings.

1. The Employer provided written undertakings to address certain issues. A copy of the undertakings is attached in Appendix B of the Agreement. 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 of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

[1] [2019] FWCFB 318.

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