Application for approval of the NRW Contracting Pty Ltd Civil Construction Enterprise Agreement 2025

[1] NRW Contracting Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the NRW Contracting Pty Ltd Civil Construction Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

• (a) Clause 22.2 provides compassionate leave where a member of an employee's immediate family or household contracts or develops a serious illness or sustains a serious injury or dies, or where a child is still born. However, it is silent in relation to compassionate leave for miscarriage as is provided by s 104(1)(c) of the Act; and

• (b) Clause 25.2 provides that by agreement with the Company and majority of employees, a public holiday may be substituted for another day. This may be inconsistent with s 115(3) of the Act which allows an employer and an individual employee to agree on the substitution of a day or part-day of a public holiday.

[4] However, I am satisfied that under clause 4.3 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement contains a delegates' rights term, as required by s 205A(1) of the Act. However, given the decision of the Full Court of the Federal Court in Construction, Forestry and Maritime Employees Union v Australian Industry Group [2025] FCAFC 187, and recent variations issued by the Fair Work Commission Full Bench in AM2024/6 and AM2025/28_,_ I put to the parties my view that the Agreement term is less favourable than the workplace delegates' rights term in the applicable award, and thus the award delegates' rights term should be inserted. The parties did not contest this. Accordingly, under s 205A(2) of the Act, Clause 36A of the Building and Construction General On-Site Award 2020 is taken to be a term of the Agreement.

[6] The Agreement was approved on Friday 6 February 2026 and, in accordance with s 54, will operate from Friday 13 February 2026. The nominal expiry date of the Agreement is Wednesday 6 February 2030.

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