Solenis Australia Pty Ltd

[2025] FWCA 3216

[2025] FWCA 3216

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Solenis Australia Pty Ltd

(AG2025/3158)

SOLENIS AUSTRALIA PTY LTD SPRINGVALE SITE ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER FOX	MELBOURNE, 25 SEPTEMBER 2025

Application for approval of the Solenis Australia Pty Ltd Springvale Site Enterprise Agreement 2025.

1. An application has been made for approval of an enterprise agreement known as the Solenis Australia Pty Ltd Springvale Site 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 Solenis Australia Pty Ltd. The Agreement is a single enterprise agreement.

1. I am satisfied that each requirement of ss.186, 187 and 188 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 clause is likely to be inconsistent with the National Employment Standards (NES):

• Compassionate Leave: Clause 35 of the Agreement provides for compassionate leave but is silent is relation to the entitlement when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. This may be inconsistent with ss.104(1)(b) and (c) of the Act.

1. However, noting clause 7.5 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 Australian 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 2 October 2025. The nominal expiry date of the Agreement is 31 October 2028.

COMMISSIONER

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