austlii:cth/FWCA/2025/2840
General information, not legal advice.
FWCA
2025-08-25
Original judgment source is linked above.
s.185 - Enterprise agreement
EC Operations Pty Ltd as trustee for the EC Operations Unit Trust
EC OPERATIONS PTY. LTD. SINGLE ENTERPRISE AGREEMENT 2025
Application for approval of the EC Operations Pty. Ltd. Single Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the EC Operations Pty. Ltd. Single Enterprise Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by EC Operations Pty Ltd as trustee for the EC Operations Unit Trust. The Agreement is a single enterprise agreement.
[2] I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.
[3] The Agreement does not contain a delegates' rights term as required by s.205A of the FW Act. As a result, the workplace delegates' rights term appearing in clause 26A of the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.
[4] Noting clause 3.5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 25 August 2029.

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