austlii:cth/FWCA/2025/4049
General information, not legal advice.
FWCA
2025-12-01
Commissioner P
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Capital Battens Pty Ltd Trading AS Capital Battens
CAPITAL BATTENS PTY LTD FYSHWICK SAWMILL ENTERPRISE AGREEMENT 2025
Application for approval of the Capital Battens Pty Ltd Fyshwick Sawmill Enterprise Agreement 2025
[1] Capital Battens Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Capital Battens Pty Ltd Fyshwick Sawmill Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
[2] 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, and the Statement of Principles.[1]
[3] I observe that clause 9(f) of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 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.
[4] The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 8 December 2025. The nominal expiry date of the Agreement is 31 July 2028.
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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