Application for approval of the SBS Group Australia Pty Ltd North South Corridor - River Torrens to Darlington Project (T2D) &The Australian Workers' Union (South Australia Branch) Tunnel Greenfield Agreement 2025

[1] An application has been made for the approval of a greenfields agreement known as the SBS Group Australia Pty Ltd North South Corridor - River Torrens to Darlington Project (T2D) & The Australian Workers' Union (South Australia Branch) Tunnel Greenfield 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 SBS Group Australia Pty Ltd (the Applicant).

[2] The Agreement and all supporting materials filed with the application named the employer to be SBS Group Pty Ltd. It was subsequently identified that the Employer had been incorrectly named.

[3] On 18 March 2026, the Applicant sought leave to vary the Agreement to correct an obvious error, defect or irregularity arising from references to the incorrect name and their associated corporate details.

[4] On 19 March 2026, leave was granted pursuant to s.586 for the Applicant to file new Forms F19 and F20 that had been amended to reflect the correct name and corporate details of the Employer. The new forms name the Employer as SBS Group Australia Pty Ltd.

[5] The Applicant subsequently filed an amended version of the Agreement that reflected the corrected Employer name and details as provided in the new F19 and F20. I am satisfied that the variations sought are indeed to correct or amend an obvious error, defect or irregularity, and as such are capable of being made pursuant to s.218A.

[6] The amendments required to correct the error have been reflected in the consolidated version of the Agreement attached to this decision.

[7] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[8] In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers' Union (AWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[9] Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the AWU and that the Agreement covers this organisation.

[10] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 March 2030.

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