austlii:cth/FWCA/2025/4030
General information, not legal advice.
FWCA
2025-11-28
Original judgment source is linked above.
s.185 - Enterprise agreement
GLOBAL POWER SERVICES PTY LTD SINGLE ENTERPRISE AGREEMENT 2025-2029
Application for approval of the Global Power Services Pty Ltd Single Enterprise Agreement 2025-2029
[1] Global Power Services Pty Ltd ("the Employer") has applied for approval of an enterprise agreement known as Global Power Services Pty Ltd Single Enterprise Agreement 2025-2029 ("the Agreement"). The Application was made under section 185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.
[2] The copy of the Agreement filed with the application contained minor proofing errors, and the address on the signature page was arguably insufficient. The Applicant dealt with this by filing a revised copy of the Agreement on 4 November 2025.
[3] In an abundance of caution, and to the extent necessary to do so: I exercise the power in section 586 of the Fair Work Act,[1] under paragraph (a) and/or paragraph (b) of that section, to correct any error in the application, and/or waive any irregularity in the form or manner in which it has been made, arising out of the signatory's failure to provide their state or postcode.
[4] I am also satisfied that the corrections to various sub-clauses of clauses 5, 6, 9, 10, and 15 should be made, and that it is appropriate to do so pursuant to section 218A of the Fair Work Act. The corrections are made in accordance with the amended copy of the Agreement filed by the Employer on 4 November 2025.
[5] Noting clause 3.5 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.
[6] In light of the foregoing, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, and 188 of the Fair Work Act as are relevant to this application for approval have been met.
[7] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 28 November 2029.
[1] See Australian Nursing and Midwifery Federation v Uniting Church in Australia Property Trust (Q.) [2020] FWCFB 848, [128]-[129], applying CFMMEU v Griffiths Cranes Pty Ltd [2019] FWCFB 1717, [40]-[46].
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