[1] This decision deals with an application made for approval of an enterprise agreement known as the Nacap QLD Construction Services Agreement 2026 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Nacap Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Agreement does not contain a delegates' rights term that, in all respects, is no less favourable than the modern award. I note, however, that cl 39.5 of the Agreement expresses an intention that cl 39 as a whole is intended to supplement the delegates' rights term at cl 36A of the Award. I am satisfied the more beneficial entitlements will prevail where there is an inconsistency between the Agreement and the Award.

[3] 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.

[4] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the undertakings.

[5] Pursuant to s.190(3) of the Act, I accept the undertakings.

[6] Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss.186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

[7] Noting the undertakings provided, and on the basis of the materials before the Commission, 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.

[8] The Agreement is approved and will operate in accordance with effect from 2 April 2026. The nominal expiry date of the Agreement is 2 April 2030.

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

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