Application for approval of the B & J Catalano Pty Ltd Enterprise Agreement 2025

[1] B & J Catalano Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the B & J Catalano Pty Ltd Enterprise Agreement 2025 (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 Notice of Employee Representational Rights (the NERR) provided to employees was inconsistent with the prescribed form. The provided NERR was on company letterhead; referenced the document being a 'memo'; and paraphrased certain content in the prescribed form. Pursuant to s 188(5) of the Act, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical errors made in relation to the requirements set out in s 174(1A) of the Act. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(5) 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] I note that the following clause in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

1. Clause 33 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.

[6] However, I am satisfied that, owing to the undertaking provided by the Applicant, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] 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.

[8] The Agreement was approved on 15 December 2025 and, in accordance with s 54, will operate from 22 December 2025. The nominal expiry date of the Agreement is 15 December 2029.

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