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austlii:cth/FWCA/2025/2520
General information, not legal advice.
FWCA
2025-07-30
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Application for approval of the East to West Enterprise Agreement 2025 - 2029
[1] An application has been made for approval of an enterprise agreement known as the East to West Enterprise Agreement 2025 - 2029 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by East To West Plant Services (the Applicant). The Agreement is a single enterprise agreement.
[2] There is a minor discrepancy between the title of the Agreement and the title of the proposed agreement referred to in the Notice of Employee Representational Rights (NERR) that was issued to employees at the commencement of bargaining. The discrepancy is the reference to the year in the title of the Agreement. Having regard to the submissions of the Applicant I am satisfied that this is a minor technical error and that the employees were not likely to have been disadvantaged by the error. Accordingly, I will disregard the error under s.188(5) of the Act.
[3] The Applicant has provided written undertakings (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 undertakings. 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.
[4] Having regard to the supporting material and the undertakings 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 undertakings are taken to be a term of the Agreement.
[5] I note that Clause 4.1 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 the 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 30 July 2029.
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