Application for approval of the Premier Constructions Australia Pty Ltd Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Premier Constructions Australia Pty Ltd Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Premier Construction Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement does not contain a flexibility term that meets the requirements of the Act. Employees were asked to vote to approve the agreement on 5 September 2025. Thus, pursuant to s.202(4) and Clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

[5] The Agreement does not contain a Delegates' Rights Term, in the terms required by s.205A(1) of the Act. Pursuant to s.205A(2) of the Act, the Workplace Delegates' Rights term in Clause 36A of the Building and Construction General On-Site Award 2020 is taken to be a term of the Agreement.

[6] I observe that the following clauses may not be compliant with the National Employment Standards (NES):

• Clause 21.4 in so far as it deals with notice for personal and carers leave; and

• Clause 22 in so far as compassionate leave does not include stillbirth or miscarriage.

[7] However, noting the NES precedence clause at 1.7 of the Agreement, 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] Pursuant to sections 193A(6) and (6A) of the Act, I have had regard to the submissions of the Employer that the employment of part-time employees is not reasonably foreseeable. I accept the submissions of the Employer. For completeness, I note the terms of section 227A of the Act that allows the Commission, in certain circumstances, to reconsider whether the Agreement passes the better off overall test if there are changes to the patterns of work at a later time.  

[9] The Agreement is approved and will operate in accordance with s.54 of the Act from 23 December 2025. The nominal expiry date of the Agreement is 16 December 2029.

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