Application for approval of the E.P.L Major Capital Works Agreement 2025

[1] This decision deals with an application made for approval of an enterprise agreement known as the E.P.L Major Capital Works Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ertech Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Agreement does not contain a delegates' rights term that is no less favourable than the modern award, pursuant to s.205A, and on that basis the term in the relevant modern award will apply and the delegates' rights term in the Agreement at clause 43 will have no effect.

[3] The Applicant has provided written 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] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the undertakings.

[5] Pursuant to s.190(3) of the Act, I accept the undertakings.

[6] Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss.186, 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.

[7] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[8] Noting the undertakings provided, and on the basis of the materials before the Commission, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[9] The Australian Workers Union (AWU) 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 AWU.

[10] The Agreement is approved and will operate in accordance with s.54 of the Act from 9 February 2026. The nominal expiry date of the Agreement is 1 February 2030.

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

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