austlii:cth/FWCA/2025/3932
General information, not legal advice.
FWCA
2025-11-21
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Application for approval of the AWD Civil Pty Ltd Enterprise Agreement 2025
[1] AWD Civil Pty Ltd ("the Employer") has applied for approval of an enterprise agreement known as AWD Civil Pty Ltd Enterprise Agreement 2025 ("the Agreement"). The Application was made under section 185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.
[2] The Agreement as filed contained an error, defect or irregularity in clause 7.6. Specifically, it contained an error message where a clause reference should have appeared. The Employer sought to deal with this issue by filing a corrected copy of the Agreement and asked that the Agreement be corrected accordingly. I am satisfied that the corrections to clause 7.6 should be made and that it is appropriate to do so pursuant to section 218A of the Fair Work Act.
[3] Noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.
[4] In light of the foregoing, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, and 188 of the Fair Work Act as are relevant to this application for approval have been met.
[5] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 30 September 2029.
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