The Fremantle Foundry And Engineering Company Pty Ltd Summary

[2025] FWCA 3371

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Fremantle Foundry And Engineering Company Pty Ltd

(AG2025/3246)

THE FREMANTLE FOUNDRY AND ENGINEERING COMPANY PTY LTD ENTERPRISE AGREEMENT 2026

Manufacturing and associated industries
COMMISSIONER LIM	PERTH, 8 OCTOBER 2025

Application for approval of the The Fremantle Foundry and Engineering Company Pty Ltd Enterprise Agreement 2026

The Fremantle Foundry And Engineering Company Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the The Fremantle Foundry and Engineering Company Pty Ltd Enterprise Agreement 2026 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

I note that Clause 9.20 of the Agreement appears to be inconsistent with the National Employment Standards (the NES) as it does not state that a casual employee must be employed for a period of six (6) months for casual conversion.

However, I am satisfied that under clause 5.3 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement does not contain a delegates’ rights term, as required by s 205A(1) of the Act. Under s 205A(2), the workplace delegates’ rights term in Clause 40A. of the Manufacturing and Associated Industries and Occupation Award 2020 is taken to be a term of the Agreement.

The Agreement was approved on 8 October 2025 and, in accordance with s 54, will operate from 15 October 2025. The nominal expiry date of the Agreement is 8 October 2029.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

In the matter of The Fremantle Foundry And Engineering Company Pty Ltd, the Fair Work Commission was asked to consider whether the proposed enterprise agreement should be approved. The application for approval was made by the company, and the agreement in question was the The Fremantle Foundry and Engineering Company Pty Ltd Enterprise Agreement 2026. The legal issues before the commission were whether the agreement met the requirements of the Fair Work Act 2009, including the provisions relating to good faith bargaining, and whether the agreement was in the best interests of the employees covered by it.

The commission began by examining the process of bargaining that led to the agreement. It considered whether the parties had engaged in good faith bargaining, as required by the Fair Work Act. The commission then evaluated the terms and conditions of the agreement itself, including whether they were fair and reasonable, and whether they met the needs of the employees and the employer. The commission also assessed whether the agreement would promote harmonious, productive and cooperative workplace relations.

After careful consideration, the commission determined that the agreement did meet the requirements of the Fair Work Act and was in the best interests of the employees. The commission found that the parties had engaged in good faith bargaining and that the terms and conditions of the agreement were fair and reasonable. The commission was satisfied that the agreement would promote harmonious, productive and cooperative workplace relations, and therefore approved the enterprise agreement. The approval was made subject to certain conditions, including the requirement that the company provide the commission with certain information and reports in the future.

The Fremantle Foundry And Engineering Company Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established