Application by the Applicant
Citation: [2026] FWCA 2191
At a glance
- Awards cited
- MA000113
What happened
3M Australia Pty Ltd sought approval for a single enterprise agreement, the '3M Australia Pty Ltd and Australian Manufacturing Workers Union Smithfield Manufacturing Centre Enterprise Agreement 2026'. The Australian Manufacturing Workers Union is the bargaining representative. The agreement covers the union. The application was made under section 185 of the Fair Work Act 2009.
What was decided
The Fair Work Commission approved the enterprise agreement. A clause regarding workplace delegates’ rights was found to be less favourable than the corresponding clause in the Manufacturing and Associated Industries and Occupations Award 2020. Consequently, the award clause is taken to be a term of the agreement. The agreement will operate from 20 August 2026 and expire on 31 July 2029.
What it means for employers
Employers entering into enterprise agreements should ensure that clauses, particularly those concerning workplace delegates’ rights, are at least as favourable as relevant award provisions. Failure to do so can result in the award clause being incorporated into the agreement.
What it means for employees
Employees should be aware of the terms of their enterprise agreement, including how it interacts with their award and the National Employment Standards. This agreement will cover members of the Australian Manufacturing Workers Union.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections