Application for approval of the Daracon Group Rail Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Daracon Group Rail 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 Daromin Engineering Pty Limited trading as Daracon Plant Hire, Daracon Heavy Haulage (the Applicant). The Agreement is a single enterprise agreement.

[2] The attention of the Applicant was drawn to the fact that it appeared from the materials filed that a superseded version of the Notice of Employee Representational Rights (NERR) had been issued to employees employed at the notification time. The Applicant provided a submission to the effect that this should be regarded as a minor procedural or technical error within the meaning of s.188(5) of the Act. The submission was provided in the form of a proposed undertaking under s.190. It is appropriate to treat the document provided as a submission rather than an undertaking. Having regard to the content of the submission, I am satisfied 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] Having regard to the supporting material filed with the application I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

[4] I note that Clause 4.3 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 any inconsistency.

[5] The Australian Workers' Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 March 2028.

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