austlii:cth/FWCA/2025/2063
General information, not legal advice.
FWCA
2025-06-26
Original judgment source is linked above.
s.185 - Enterprise agreement
InteriorCo Vic Pty Ltd Trading AS Zenith Interiors
ZENITH INTERIORS SANDRINGHAM ENTERPRISE AGREEMENT 2023
Application for approval of the Zenith Interiors Sandringham Enterprise Agreement 2023
[1] An application has been made for approval of an enterprise agreement known as the Zenith Interiors Sandringham Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by InteriorCo Vic Pty Ltd Trading AS Zenith Interiors. The Agreement is a single enterprise agreement.
[2] The Employer has 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.
[3] 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.
[4] I note that several clauses are inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 5.3 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
[5] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Building and Construction General On-site Award 2020 (the Award) is taken to be a term of the Agreement
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2025. The nominal expiry date of the Agreement is 26 June 2029.

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