Application for approval of the Fineform Concrete Pty Ltd Enterprise Agreement 2025.

[1] Fineform Concrete Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Fineform Concrete Pty Ltd Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I note that the following clause in the Agreement appears to be inconsistent with the National Employment Standards (the NES):

• (a) Clause 8.4 states, 'If an Employee who is at least 18 years old does not give the period of notice required, the Employer may deduct from wages due to the Employee an amount that is no more than one (1) week's wages for the Employee'. This clause may impact the employee's entitlement to receive NES provisions such as accrued annual leave.

[4] However, I am satisfied that under clause 5.3 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement was approved on 4 July 2025 and, in accordance with s 54, will operate from 11 July 2025. The nominal expiry date of the Agreement is 4 July 2029.

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