[1] Bremick Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Bremick Pty Ltd Enterprise Agreement 2025-28 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW 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 FW Act.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues raised, and the Statement of Principles[1].

[4] I observe that clause 4.6 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 1.4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The United Workers' Union (UWU), being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note that the Agreement covers the UWU.

[6] The Agreement is approved. Clause 1.2 of the Agreement states that the Agreement will commence operation from the beginning of the first pay period commencing on or after 7 days from the date of approval by the Commission. The Employer advised that it operates a weekly pay period and the first pay period to commence on or after 7 days after the date of this decision commences on Tuesday 6 January 2026.

[7] Having regard to the information provided by the Employer, s.36 of the Acts Interpretation Act 1901, and s.54 of the FW Act, the Agreement will operate from Monday, 5 January 2026. The nominal expiry date of the Agreement is 31 December 2028.

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023

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