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austlii:cth/FWCA/2026/195
General information, not legal advice.
FWCA
2026-01-30
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
DANDO CIVIL SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2026
Application for approval of the Dando Civil Solutions Pty Ltd Enterprise Agreement 2026
[1] An application has been made for approval of an enterprise agreement known as the Dando Civil Solutions Pty Ltd Enterprise Agreement 2026 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by Dando Civil Solutions Pty Ltd (Applicant). The Agreement is a single enterprise agreement.
[2] The Applicant has provided a written undertaking (Annexure A). I am satisfied that 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.
[3] I note that clause 4 of the Agreement provides that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.
[4] Clause 5.9 of the Agreement contains a workplace delegates' rights term. The clause provides that the parties will be bound by the workplace delegates' rights clause of the the underpinning modern award which is the Building and Construction General On-site Award 2020 (Award). On 17 December 2025 the Full Court of the Federal Court of Australia (Court) published a decision relating to delegates' rights terms in modern awards in the matter of[ ]Construction, Forestry and Maritime Employees Union v Australian Industry Group.11 [2025] FCAFC 187. Since that decision and in response to the conclusions of the Court, a Full Bench of the Commission[2] has determined that all modern awards are to be varied to include a new delegates' rights clause. This includes the Award. The Full Bench determined that the operative date for the new clauses would be 1 July 2024. As a consequence, the revised delegates' rights clause in the Award will apply to the parties.
[5] Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as is relevant to this application for approval has been met. The undertaking is taken to be a term of the Agreement.
[6] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 4 years from the date of approval.
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