Application for approval of the High Access Group Enterprise Agreement 2025 - 2029

[1] High Access Cabling Pty Ltd ATF HAC Trust (Applicant) has made an application for approval of an enterprise agreement known as the High Access Group Enterprise Agreement 2025-2029 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

[2] The Agreement is expressed to cover two employers: the Applicant and High Access Hire Pty Ltd. Having regard to the materials filed I am satisfied that the Applicant and High Access Hire Pty Ltd are employers engaged in a joint venture/common enterprise (see s.172(5A) of the FW Act).

[3] The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the FW Act.

[4] The Applicant and High Access Hire Pty Ltd have provided written undertakings. A copy of the undertakings is attached in Annexure A. 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

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declarations, the responses to issues identified, and the Statement of Principles.[1]

[6] The Agreement does not contain a flexibility term that meets the requirements of the FW Act. Employees were asked to vote to approve the agreement after 26 February 2025. Thus, pursuant to s.202(4) and Clause 107 of Schedule 1 of the FW Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[7] To the extent that clause 33 of the Agreement is less favourable than the delegates' rights term in the applicable modern award, I observe that clause 4.3 of the Agreement incorporates the more favourable modern award term.

[8] The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 12 February 2026. The nominal expiry date of the Agreement is 5 February 2030.

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

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