Application for approval of the D Group Civil Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the D Group Civil Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by D Group Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The material filed in support of the application disclosed that a superseded version of the Notice of Employee Representation Rights (NERR) had been issued to employees at the commencement of bargaining. The discrepancy is a minor technical error which, in accordance with s.188(5) of the Act, I am able to disregard where I am satisfied that employees were not likely to have been disadvantaged by the error. I am satisfied that this is the case here and will disregard the error.

[3] The Agreement does not provide for a delegates' rights clause as required by s.205A(1) of the Act. In accordance with s.201(1A), I note that clause 36(a) of the Building and Construction General On-site Award 2020 and clause 29(a) of the Road Transport and Distribution Award 2020, Workplace delegates' rights terms, are to be taken to be a term of the Agreement.

[4] I note that Clause 4.2 of the Agreement provides that the Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

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

[6] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 8 September 2029.

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