s.185 - Application for approval of a single-enterprise agreement

ALIMAK GROUP AUSTRALIA PTY LTD & ETU QUEENSLAND ENTERPRISE AGREEMENT 2025-2028

Application for approval of the Alimak Group Australia Pty Ltd & ETU Queensland Enterprise Agreement 2025-2028

[1] Alimak Group Australia Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Alimak Group Australia Pty Ltd & ETU Queensland Enterprise Agreement 2025-2028 (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.

[2] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s 586(b) of the Act.

[3] 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.

[4] 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.

[5] 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.

[6] I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

• (a) Clause 3.4.3 of the Agreement provides that 'if an employee fails to give the notice required... the employer shall have the right to withhold monies due to the employee with a maximum amount equal to the amount the employee would have received upon termination.' This provision does not appear to limit the source of monies which may be deducted. This may permit the employer to deduct employee's entitlements under the NES (such as notice of termination, accrued but unused annual leave or long service leave on termination). This may be inconsistent with Chapter 2 Part 2.2 Division 2 of the Act;

• (b) Clause 6.6.8 states that where there is agreement between the majority of employees concerned and the employer, and subject to statutory limitations, other ordinary working days may be substituted for the public holiday specified in clause 6.6. This is inconsistent with s 115(3) of the Act;

• (c) Clause 6.2.2(b) states that an employee employed "on site" will, other than in exceptional circumstances, notify their employer of their absence or their likely absence from work through illness within 2 hours of their scheduled starting time to enable a replacement to be arranged. This is inconsistent with s 107 of the Act;

• (d) Clause 6.1 provides that sick leave may be used for personal illness or to care for family members who are ill. It appears to exclude members of the employee's household and does not appear to include use of the leave for personal injury or to provide care or support to a member of their immediate family or household because of a personal injury affecting that member or an unexpected emergency. This may be inconsistent with s 97 of the Act.

• (e) Clause 6.3 provides for compassionate leave, however, does not extend the entitlement to when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. This may be inconsistent with s 104(1)(c) of the Act. Additionally, it appears to only provide leave to long term casual employees, however all casual employees are entitled to receive the 2 days unpaid leave.

The clause additionally appears to restrict the leave for casual employees to death in Australia. Leave for a death outside Australia does not appear to extend to a member of the employee's household. This appears inconsistent with s 105 of the Act which does not restrict compassionate leave based on location.

[7] However, I am satisfied that under clause 1.7 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[8] The Agreement contains a delegates' rights term, as required by s 205A(1) of the Act. However, given the decision of the Full Court of the Federal Court in Construction, Forestry and Maritime Employees Union v Australian Industry Group [2025] FCAFC 187, and recent variations issued by the Fair Work Commission Full Bench in AM2024/6 and AM2025/28_,_ I put to the parties my view that the Agreement term is less favourable than the workplace delegates' rights term in the applicable award, and thus the award delegates' rights term should be inserted. The parties did not contest this. Accordingly, under s 205A(2) of the Act, Clause 26A of the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

[9] The Communications, Electrical, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Queensland and Northern Territory Divisional Branch (the organisation), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[10] The Agreement was approved on Friday 6 February 2026 and, in accordance with s 54, will operate from Friday 13 February 2026. The nominal expiry date of the Agreement is Friday 30 June 2028.

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