austlii:cth/FWCA/2025/4367
General information, not legal advice.
FWCA
2025-12-18
Original judgment source is linked above.
s.185 - Enterprise agreement
O'NEILL & BROWN FIRE SERVICES PTY LTD AND EMPLOYEES SPRINKLER SERVICES ENTERPRISE AGREEMENT 2025-2028
Application for approval of the O'Neill & Brown Fire Services Pty Ltd and Employees Sprinkler Services Enterprise Agreement 2025-2028.
[1] O'Neill & Brown Fire Services Pty Ltd has made an application for approval of an enterprise agreement known as the O'Neill & Brown Fire Services Pty Ltd and Employees Sprinkler Services Enterprise Agreement 2025-2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
[3] The Agreement contains a National Employment Standards (NES) precedent clause at Clause 10.1. I am therefore satisfied that, to the extent of any inconsistency between the Agreement and the NES, the more beneficial NES entitlements will prevail.
[4] In accordance with clause 13 of the Agreement, the workplace delegates' rights term in clause 29A of the Plumbing and Fire Sprinklers Award 2020 is taken to be a term of the Agreement.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2025. The nominal expiry date of the Agreement is 17 December 2029.
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