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austlii:cth/FWCA/2025/2557
General information, not legal advice.
FWCA
2025-08-01
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
DEMACS CONSTRUCTIONS (AUST) PTY LTD CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2025
Application for approval of the Demacs Constructions (Aust) Pty Ltd Civil Construction Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Demacs Constructions (Aust) Pty Ltd Civil Construction 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 Demacs Constructions Aust Pty. Ltd. (the Applicant). The Agreement is a single enterprise agreement.
[2] The material filed in support of the application disclosed a discrepancy between the title of the Agreement and title of the proposed agreement referred to in the Notice of Employee Representational Rights (NERR) which was issued to employees. The former refers to the year 2025. The latter refers to the year 2024. 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 Applicant has provided a written undertaking (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertaking. 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.
[4] Having regard to the supporting material and the undertaking referred to above, I am satisfied that each requirement of ss186, 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.
[5] I note that Clause 4 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.
[6] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 August 2029.
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