[1] An application has been made for approval of an enterprise agreement known as the Duratec Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Duratec Limited (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 20 November 2025.

[3] On 21 November 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of Brianna Wilson, supporting material and an undertaking which resolved the pre-approval concerns identified.

[4] Despite the agreement title in the Notice of Employee Representational Rights (NERR) differing from that of the Agreement, I am satisfied taking into consideration s.188(5) of the Act, that the procedural or technical error in relation to the NERR is minor and that the employees were not likely to have been disadvantaged, and accordingly there has been a genuine agreement.

[5] Pursuant to sections 193A(6) and (6A) of the Act, I have had regard to the submissions of the Applicant that their reasonably foreseeable patterns of work do not include employees working public holidays in isolation and that any deficit between the Level 4 casual hourly rate when working on a public holiday compared to the Mining Award is offset by higher rates for all hours worked outside of public holidays and based on their modelling, casual employees are better off than the Award on rosters worked. For completeness I note the terms of section 227A of the Act that allows the Commission, in certain circumstances, to reconsider whether the Agreement passes the better off overall test if there are changes to the patterns of work at a later time.

[6] The Applicant has submitted an undertaking in the required form dated 26 November 2025. The undertaking deals with the following topics:

• The definition of a shift worker will be for the purposes of the National Employment Standards (NES).

• Shift definitions and penalties.

• Part-time minimum engagement.

[7] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[8] There is one National Employment Standards (NES) issues that require comment:

• Clause 23.7 of the agreement states that upon termination, all property belonging to the Company must be returned including all monies that may be owed to the Company from an Employee. Subject to law, the Company reserves the right to recover such monies from any accruals in your final pay. This may allow deductions from NES entitlements.

[9] Clause 5.2 of the Agreement acts as an effective NES precedence clause, in that it states that in the event of an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES will apply to the extent of the inconsistency. As a result of the NES precedence clause, the above clause(s) will not apply to the extent that they are inconsistent with the NES.

[10] The Australian Workers' Union, being a bargaining representative for the Agreement, has given 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 that the Agreement covers this organisation.

[11] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[12] The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date will be four (4) years from the date of approval.

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