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austlii:cth/FWCA/2026/973
General information, not legal advice.
FWCA
2026-04-17
Original judgment source is linked above.
KEOLIS GOLD COAST PTY LTD TECHNICIAN ENTERPRISE AGREEMENT 2026
Application for approval of the Keolis Gold Coast PTY LTD Technician Enterprise Agreement 2026
[1] An application has been made for approval of an enterprise agreement known as the Keolis Gold Coast PTY LTD Technician Enterprise Agreement 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Keolis Gold Coast 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] The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term the model consultation term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.
[5] 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.
[6] Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.
[7] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the CEPU.
[8] The Agreement is approved and in accordance with s.54 of the Act, will operate from 24 April 2026. The nominal expiry date of the Agreement is 8 January 2029.
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