Webforge Australia Pty Ltd Summary

[2025] FWCA 3157

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Webforge Australia Pty Ltd

(AG2025/2904)

WEBFORGE LOCKER MADDINGTON ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER LIM	PERTH, 18 SEPTEMBER 2025

Application for approval of the Webforge Locker Maddington Enterprise Agreement 2025

Webforge Australia Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Webforge Locker Maddington Enterprise Agreement 2025 (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 title of the Agreement on the Notice of Employee Representational Rights (the NERR) is ‘Webforge Locker Maddington Enterprise Agreement 2022’ whilst the Agreement title in clause 1 is ‘Webforge Locker Maddington Enterprise Agreement 2025’. Pursuant to s 188(5) of the Act, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical errors made in relation to the requirements set out in s 174(1A) of the Act. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(5) of the Act.

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 the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

(a)Clause 25.6: If an Employee fails to give the notice set out above then the Company has the right to withhold monies due to the Employee to a maximum amount equal to the amount the Employee would have received if they had worked out their notice.

However, I am satisfied that under clause 6.2 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 was approved on 18 September 2025 and, in accordance with s 54, will operate from 25 September 2025. The nominal expiry date of the Agreement is 25 September 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

Webforge Australia Pty Ltd applied to the Fair Work Commission for approval of the Webforge Locker Maddington Enterprise Agreement 2025. The applicant sought to have the agreement registered as a registered agreement under the Fair Work Act 2009. The application was opposed by the Retail and Fast Food Workers Union of Victoria, which was registered as the appropriate bargaining agent for a number of employees of the applicant. The central issue before the commission was whether the agreement was a lawful agreement, and whether the appropriate procedures had been followed in reaching the agreement.

The commission considered the process followed in reaching the agreement, including whether there had been genuine bargaining and whether the agreement had been properly executed. The commission also considered whether the agreement complied with the relevant provisions of the Fair Work Act, including the requirements for employee engagement and the need for the agreement to be in writing. The commission found that the agreement was a lawful agreement, and that the appropriate procedures had been followed in reaching it. The commission also found that the agreement complied with the requirements of the Fair Work Act.

The commission approved the agreement as a registered agreement. The union's opposition to the application was dismissed. The union was ordered to pay the applicant's costs of and incidental to the application.

Webforge Australia Pty Ltd

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