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[8]
austlii:cth/FWCA/2025/3668
General information, not legal advice.
FWCA
2025-10-31
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
NX BLUE RECRUIT PTY LTD, AWU LOBS HOLE PRECAST CONCRETE WORKS ENTERPRISE AGREEMENT 2025
Application for approval of the NX Blue Recruit Pty Ltd, AWU Lobs Hole Precast Concrete Works Enterprise Agreement 2025
[1] An application has been made by NX Blue Recruit Pty Ltd (Applicant) for approval of an enterprise agreement known as the _NX Blue Recruit Pty Ltd, AWU Lobs Hole Precast Concrete Works Enterprise Agreement 2025 (_Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.
[2] Section 186(2)(c) requires that the terms of the Agreement do not exclude the National Employment Standards (NES). Concerns were raised that some of the terms of the Agreement may oust NES conditions. In response the Applicant provided undertakings to make clear the NES applied.
[3] Sections 186(2)(d) requires the Commission to be satisfied the agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s. 193A.
[4] Issues were raised with the Applicant as to whether the Agreement passed the BOOT. In response, the Applicant has provided undertakings.
[5] A copy of the undertakings is attached (Annexure A). In accordance with s. 190(4) of the Act the views of the bargaining representatives for the Agreement were sought about the undertakings. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.
[6] Having regard to the undertakings and the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.
[7] The Australian Workers Union (AWU) was a bargaining representative for the Agreement and has given 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 AWU.
[8] The Agreement was approved on 31 October 2025 and will operate from 6 November 2024 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 May 2029
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