GUIDELINE ACT PTY LTD ENTERPRISE AGREEMENT 2026-2030

Application for approval of the Guideline ACT Pty Ltd Enterprise Agreement 2026-2030

[1] Guideline (ACT) Pty Limited trading as Guideline ACT Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Guideline ACT Pty Ltd Enterprise Agreement 2026-2030 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement will apply to employees who are covered by the Building and Construction General On-site Award 2020 (the Award).

[3] In the application, the Employer indicated that a meeting to discuss and vote on the Agreement was held on the same date, being 24 October 2025. However, the application also indicated that employees had an opportunity to raise questions and confirm their understanding of the Agreement prior to voting on 28 October 2025.

[4] The Employer provided submissions that the application contained an incorrect date, and that employees were provided an explanation of the terms and effects of the agreement on 14 October 2025. The employees were then provided with the period from 14 October to 24 October 2025 to consider the proposed agreement and raise any questions with management and the consultative committee. I am satisfied having regard to those submissions that the requirements of s.180(5) of the Act and the Statement of Principles have been met.

[5] The Agreement does not contain all of the requisite consultation terms, as required by s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement. A copy of the model consultation term can be found in Appendix 1.

[6] The Agreement does not contain a workplace delegates' rights term, as required by s.205A(1) of the Act. Pursuant to s.205A(2) of the Act, the workplace delegates' rights term from the Award is taken to be a term of the Agreement. A copy of the workplace delegates' rights term can be found in Appendix 2.

Inconsistencies with the National Employment Standards (NES)

[7] The Commission raised the following clauses of the Agreement with the Employer which appeared to be inconsistent with the NES:

1. Clause 19 provides 'employees are entitled to 20 days paid annual leave for each completed year of service with the company'. As the entitlement is provided in days, rather than weeks in accordance with s.87(1) of the Act, this may result in a lesser entitlement to annual leave compared to the NES.

2. Clause 20 is silent on entitlement to compassionate leave for miscarriage or stillbirth. This is inconsistent with s104(1)(b)-(c) of the Act.

3. Clause 33 provides that 'if an employee fails to give the required notice, they will forfeit the entitlement to any monies owing equal to the amount of notice not given'. This raises a concern that the employer may withhold monies including NES or other leave entitlements, inconsistent with Chapter 2 Part 2.2 Division 2 of the Act.

4. Clause 20 states that employees must advise the office before 9:00am on any day of absence. If an employee fails to notify the office of their absence it will be assumed that the employee is absent without pay. This appears inconsistent with s.107 of the Act which provides that notice must be given as soon as practicable (which may be a time after the leave has started).

[8] In accordance with the NES precedence term at clause 2 of the Agreement, these clauses will be read and interpreted in conjunction with the NES.

[9] The Commission raised the following issues with the Employer which are relevant to whether employees are better off overall under the Agreement compared to the Award: 

1. Clause 7 of the Agreement provides that 'Loadings for overtime commence only after 8 hours.' which appears to be more restrictive than clause 29.4 of the Award that provides all time worked beyond an employee's ordinary working hours will entitle the employee to receive 150% of the ordinary hourly rate and 200% thereafter. Clause 7 defines the ordinary hours as 38 hours per week, 8 hours per day worked between 6:00 am - 6:00 pm. This raises a concern for part-time and casual employees, as it is unclear if they will be entitled to overtime rates if they work beyond their contracted hours but still within the span of hours provided.

2. Clause 10 of the Agreement provides that employees will be entitled to 250% paid at overtime rates for working on a public holiday, however it is silent on the minimum engagement of 4 hours provided in clause 30.2 of the Award.

3. The Agreement classification, new starter with no experience in civil construction, appear to fall below the equivalent CW1a rates in the Award.

4. Clause 11 of the Agreement provides, 'In assisting the administration of the consequence policy a temporary reduction in classification for the same role is allowable, provided that such reduction at no time falls below the relevant payment in the Award'. This appears to imply that employees may be paid the same rate as the Award. As such, it is unclear how they can be considered better off.

[10] The Employer provided written undertakings and submissions to address the above BOOT issues. A copy of the undertakings is attached in Schedule 1. 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.

[11] 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.

[12] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2026. The nominal expiry date of the Agreement is 3 December 2029.

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