Application for approval of the Empire Contracting & Employees Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Empire Contracting & Employees Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a multi-enterprise agreement. The application was made by the following employer entities (together, "the Employers")[1]:

1. Empire Contracting Pty Ltd

2. Empire Contracting (ACT) Pty Ltd

3. The Trustee for Empire Contracting Trust

[2] Clause 45 of the Agreement relating to compassionate leave, does not provide an entitlement to compassionate leave in circumstances where a child is stillborn or there is a miscarriage, inconsistent with National Employment Standards (NES)[2]. However, noting clause 8(d) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[3] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by Building and Construction General On-site Award 2020 (Award) will be taken to be a term of the Agreement.

[4] The Employers provided an undertaking expressly incorporating the Award into the Agreement and stating that the Award applies where the Agreement is silent on an employment entitlement.

[5] I raised concerns that the rates of pay for employees classified as 'NHMW' and 'HMW1' fell below that of the Award. The Employer provided an undertaking that NHMW will receive the Award industry allowance in addition to the Agreement pay rate and provided an undertaking increasing the rate of pay for employees classified as HMW1.

[6] 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. The undertakings are taken to be a term of the Agreement.

[7] On the basis of the undertakings provided, I am satisfied that each Award covered employee and each reasonably foreseeable employee for the Agreement will be better off overall than if the relevant modern Award applied to that employee.

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

[9] The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate 7 days after approval. Its nominal expiry date is 24 November 2029.

[1] The Employers provided submissions that they are not related employers under s 172(5A). I accept these submissions.

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