Application for approval of the Applus + Pty Ltd Offshore Maintenance Enterprise 2025 -2028

[1] Applus Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Applus + Pty Ltd Offshore Maintenance Enterprise 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] 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 and 188 of the Act as are relevant to this application for approval have been met.

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

• (a) Clause 16.1(a) of the Agreement provides that annual leave is accrued at ordinary hours (7.6 per day). However, employees can work up to 12 ordinary hours per day. This may be inconsistent with s 87(2) of the Act, which states that an employee's entitlement to paid annual leave accrues progressively during a year of service according to the employee's ordinary hours of work

• (b) Clause 16.2 states that personal leave is paid at ordinary hours (7.6 per day) Monday to Sunday. However, employees can work up to 12 ordinary hours per day. As such this may be inconsistent with s 99 of the Act which states that if an employee takes a period of paid personal/carer's leave, the employer must pay the employee at the employee's base rate of pay for the employee's ordinary hours of work in the period.

• (c) Clause 16.2(i) provides that casual employees are entitled to two (2) days' unpaid personal/carer's leave. Section 102 of the Act provides two days for each occasion of unpaid carer's leave.

• (d) Clause 16.3 of the Agreement appears to be silent on the ability to take compassionate leave in cases of stillbirth or miscarriage as provided by s 104 of the Act.

• (e) Clause 16.6 of the Agreement states that public holidays are paid at 7.6 hours. Employees can work up to 12 ordinary hours per day. As such this may be inconsistent with s 116 of the Act, which provides that if an employee is absent from their employment on a public holiday, the employer must pay the employee at the employee's base rate of pay for their ordinary hours of work on the day or part-day.

• (f) Clause 17.3(d) of the Agreement provides that an employee will not receive redundancy pay if they refuse an offer of alternative employment, however this does not appear to be subject to an application to the FWC under s 120 of the Act.

[4] However, I am satisfied under clauses 5(c) and 5(d) of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Workers' Union (AWU), 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.

[6] The Agreement was approved on 19 December 2025 and, in accordance with s 54, will operate from 26 December 2025. The nominal expiry date of the Agreement is 19 December 2028.

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