austlii:cth/FWCA/2026/615
General information, not legal advice.
FWCA
2026-03-11
Original judgment source is linked above.
s.185 - Application for approval of a greenfields agreement
NL Consulting Services Pty Ltd Trading AS Workplace Solutions
RTQPR PTY LTD ROCKHAMPTON RING ROAD CIVIL WORKS GREENFIELDS AGREEMENT 2026
Application for approval of the RTQPR Pty Ltd Rockhampton Ring Road Civil Works Greenfields Agreement 2026
[1] An application has been made for approval of a greenfields agreement known as the RTQPR Pty Ltd Rockhampton Ring Road Civil Works Greenfields 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 NL Consulting Services Pty Ltd (the Applicant).
[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.
[3] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.
[4] In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers' Union (AWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
[5] Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the AWU and that the Agreement covers this organisation.
[6] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):
Clause 13.5 - Compassionate leave
[7] Noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (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 s.54 of the Act.
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