SOILWICKS AUSTRALIA ENTERPRISE AGREEMENT 2026 - 2029

Application for approval of the Soilwicks Australia Enterprise Agreement 2026 - 2029

[1] Rycon Holdings Pty Ltd atf The Greg Ryan Family Trust Trading AS Soilwicks Australia has applied for approval of an enterprise agreement known as the Soilwicks Australia Enterprise Agreement 2026 - 2029 under s 185 of the Fair Work Act 2009 (Cth).

[2] The Agreement is a single enterprise agreement.

[3] I observe that Clause 48.7 - Employee Termination regarding withholding monies is likely to be inconsistent with the National Employment Standards. Clause 4.1 of the Agreement gives precedence to the NES. I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Employer 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.

[5] 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.

[6] The agreement's delegates rights term in clause 50 is less favourable than the term. Under 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.

[7] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 23 February 2026.

[8] In accordance with clause 4, the nominal expiry date of the Agreement is 16 February 2030.

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