Application for approval of the Brockman Services Pty Ltd Site Enterprise Agreement 2024

[1] An application has been made for approval of an enterprise agreement known as the Brockman Services Pty Ltd Site Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brockman Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

[3] I note that Clause 6.7 of the Agreement provides that where the National Employment Standards (NES) are more beneficial in a particular respect to an employee than the Agreement, the NES shall prevail to the extent of the inconsistency. This clause adequately addresses any concern in relation to the operation subclause 32.5 of clause 32, Termination of Employment, of the Agreement.

[4] The Australian Manufacturing Workers Union (AMWU), the Construction, Forestry and Maritime Employees Union (CFMEU) and the Australian Workers' Union (AWU) each lodged Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU, CFMEU and the AWU.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 July 2028.

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