austlii:cth/FWCA/2026/331
General information, not legal advice.
FWCA
2026-02-11
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Application for approval of the KAE Geraldton Branch Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the KAE Geraldton Branch Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by KAEFER Integrated Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings. 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.
[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss. 186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[4] Noting the undertakings provided and clause 6.3 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.
[5] The Agreement does not contain a consultation term that meets the requirements of the Act. Pursuant to s.205(2) and Clause 107 of Schedule 1 of the Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.
[6] The Agreement is approved and will operate in accordance with s.54 of the Act from 18 February 2026. The nominal expiry date of the Agreement is 11 February 2030.

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