[1] An application has been made for approval of an enterprise agreement known as the Kito Crosby 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 PWB Anchor Limited T/A Kito Crosby (Kito Crosby). The Agreement is a single enterprise agreement.

[2] As the Agreement does not contain a workplace delegates rights term, Pursuant to s 205A(2) of the Act, the workplace delegates' rights term prescribed by the relevant Award is taken to be a term of the Agreement.

Interaction with the National Employment Standards

[3] Clause 5.4 of the Agreement provides that the National Employment Standards (NES) applies to employees covered by the agreement except where the agreement provides a more favourable outcome (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

1. Clause 31 - Personal leave

2. Clause 19.3 - Redundancy pay

[4] On the basis of the material filed in support of the Application 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.

[5] The Australian Workers' Union (AWU) being a bargaining representative for the Agreement, supports the approval of 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) I note that the Agreement covers the AWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

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