austlii:cth/FWCA/2025/4296
General information, not legal advice.
FWCA
2025-12-17
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
ALLSCOPE PROJECTS PTY LTD ENTERPRISE AGREEMENT 2025
Application for approval of the Allscope Projects Pty Ltd Enterprise Agreement 2025
[1] Allscope Projects Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Allscope Projects Pty Ltd Enterprise Agreement 2025 (the Agreement).
[2] Under s.205A(2) of the Act, the workplace delegates' rights term in Clause 4 of the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement, which the Employer confirmed in their submissions.
[3] I raised a concern that the Agreement did not explicitly include a Workplace Delegates' Rights Term. The Employer provided submissions that the Workplace Delegates' Rights Term from the Building and Construction On-site Award 2020 was incorporated into the Agreement pursuant to clause 4.1 of the Agreement. I accept this submission.
[4] I raised a concern regarding Apprentices being better off overall under the Agreement. The Employer addressed this concern by providing submissions and an undertaking that Apprentices will be paid rates above the Building and Construction Award 2025.
[5] A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
[6] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2025. The nominal expiry date of the Agreement is 17 December 2029.

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