austlii:cth/FWCA/2025/2851
General information, not legal advice.
FWCA
2025-08-26
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
BRICKWOOD (DANDENONG) ENTERPRISE AGREEMENT 2025 - 2027
Application for approval of the Brickwood (Dandenong) Enterprise Agreement 2025 - 2027
[1] An application has been made for approval of an enterprise agreement known as the Brickwood (Dandenong) Enterprise Agreement 2025 - 2027 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
[2] The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.
[3] I note that the following provisions may be inconsistent with the National Employment Standards:
Clause 7.12 - Annual Leave
Clause 7.8(c) - Public Holidays
[4] However, noting clause 4.3 of the Agreement, I am satisfied the more beneficial entitlements of the National Employment Standards will prevail where there is an inconsistency with the Agreement.
[5] The United Workers' Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.
[6] The Agreement is approved today 26 August 2025. It will operate from 2 September 2025 as required by section 54 of the Act. The nominal expiry date is 31 March 2027.
Printed by authority of the Commonwealth Government Printer