Geotech Pty Ltd [2026] FWCA 903 (9 April 2026)

Application for approval of the Geotech and CFMEU (WA) Collective (Piling) Agreement 2025 - 2028

[1] An application has been made for approval of an enterprise agreement known as the Geotech and CFMEU (WA) Collective (Piling) Agreement 2025-2028 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Geotech Pty Ltd (the Employer).

[2] I note that Clauses 38.3(d) and 41.7 may be inconsistent with the National Employment Standards_._ However, given the National Employment Standards precedence clause contained in Clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail in the event of any inconsistency.

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

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

[5] The Construction, Forestry and Maritime Employees Union (CFMEU) being a bargaining representative for the Agreement has given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 16 April 2026. The nominal expiry date of the Agreement is 31 December 2028.

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