Application for approval of the INFRABUILD WIRE NEWCASTLE WIREMILL ENTERPRISE AGREEMENT 2025-2028

[1] An application has been made for approval of an enterprise agreement known as the INFRABUILD WIRE NEWCASTLE WIREMILL ENTERPRISE AGREEMENT 2025-2028 (Agreement). The Application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by InfraBuild Wire Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

[4] Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES).

• Public holidays: Clause 25.5 of the Agreement provides that the employer and the employee(s) may agree to substitute a public holiday. However, the wording "employee(s)" could be interpreted as allowing agreement with multiple employees collectively, which may be inconsistent with s.115 of the Fair Work Act 2009, which requires substitution to occur by agreement with each individual employee.

• Definition of a household: Clause 24.1 1 (b) contains a definition of a household, which is not contained in the NES. As such, this definition may be more restrictive.

[6] However, noting the undertaking in relation to clause 1.9 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Australian Workers' Union (AWU), the Australian Manufacturing Workers' Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) are bargaining representatives for the Agreement have given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act I note that the Agreement covers the organisation.

[8] The Agreement is approved, and in accordance with s.54, of the Act will operate from 30 December 2025. The nominal expiry date of the Agreement is 31 August 2028.

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