Application for the approval of the Distro-Tex Pty Ltd Employment Agreement, Conditions and Rates 2024-2026

[1] An application has been made for approval of an enterprise agreement known as the Distro-Tex Pty Ltd Employment Agreement, Conditions and Rates 2024-2026 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Distro-Tex Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement does not contain a flexibility term that meets the requirements of the Act. Employees were asked to vote to approve the agreement on 16 May 2025. Thus, pursuant to s.202(4) and Clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[5] Pursuant to s.205A(2) of the Act, the Workplace Delegates' Rights term in Part 7 of the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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 CEPU.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act from 20 June 2025. The nominal expiry date of the Agreement is 30 June 2026.

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