VICTORIA ASPHALT PTY LTD A.W.U VICTORIA ASPHALT AGREEMENT 2025-2026

Application for approval of the VICTORIA ASPHALT PTY LTD A.W.U Victoria Asphalt Agreement 2025-2026

[1] An application has been made for approval of an enterprise agreement known as the VICTORIA ASPHALT PTY LTD A.W.U Victoria Asphalt Agreement 2025-2026 (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 a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. I therefore note the undertaking is taken to be terms of the Agreement under section 201(3) of the Act.

[3] I note that the following provisions are likely to be inconsistent with the National Employment Standards:

• Clause 40 - Annual Leave

• Clause 41 - Compassionate Leave

• Clause 43 - Carer's Leave

• Clause 48 - Public Holidays

[4] However, noting clause 5 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] Subject to the undertaking, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met.

[6] The Agreement does not contain a consultation term that meets the requirements of the Act. Employees were asked to vote to approve the agreement on 5 November 2025. Thus, pursuant to s.205(2) and Clause 107 of Schedule 1 of the Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[7] The Australian 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.

[8] The Agreement is approved today 15 January 2026. It will operate from 22 January 2026 as required by section 54 of the Act. The nominal expiry date is 31 August 2026.

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