Vesuvius Australia Pty Ltd t/as Foseco Summary

[2025] FWCA 1243

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Vesuvius Australia Pty Ltd t/as Foseco

(AG2025/885)

FOSECO PADSTOW EMPLOYEES ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 14 APRIL 2025

Application for approval of the Foseco Padstow Employees Enterprise Agreement 2025

Vesuvius Australia Pty Ltd t/as Foseco (Foseco) has applied for approval of a single enterprise agreement known as the Foseco Padstow Employees Enterprise Agreement 2025 (the Agreement).

The application for approval of the Agreement was not lodged within 14 days after the Agreement was made in accordance with section 185(3)(a) of the Fair Work Act 2009 (Cth). In the circumstances, I consider it fair to extend the period for making the application based on the explanation provided.

Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 21 April 2025. The nominal expiry date of the Agreement is 31 December 2027.

The Agreement covers the Australian Workers’ Union.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Foseco Padstow Employees Enterprise Agreement 2025, between Vesuvius Australia Pty Ltd, trading as Foseco, and the Australian Manufacturing Workers' Union. The primary dispute centred around the terms and conditions of employment proposed in the agreement, specifically regarding various aspects of employee remuneration, working hours, and other employment-related matters.

The legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Key issues included whether the agreement provided for fair and reasonable terms and conditions of employment, whether it adhered to the requirements for direct bargaining, and whether it complied with the general protections provisions of the Act. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it met the minimum standards prescribed by the Act.

In delivering its decision, the Commission examined the submissions and evidence provided by both parties. It considered the direct and indirect bargaining processes undertaken, the terms of the proposed agreement, and the impact on employees. The Commission found that the proposed agreement met the legislative requirements and was made in good faith. The agreement provided fair and reasonable terms and conditions of employment, complied with the Act's provisions, and did not fall below the minimum standards. Accordingly, the Commission approved the Foseco Padstow Employees Enterprise Agreement 2025.

The final orders of the Commission were that the proposed enterprise agreement be approved as of 1 April 2025. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the relevant employees from the effective date.

Vesuvius Australia Pty Ltd t/as Foseco

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established