SHERLOCK CONTRACTING GROUP PTY LTD ENTERPRISE AGREEMENT 2025-2029

Application for approval of the Sherlock Contracting Group Pty Ltd Enterprise Agreement 2025-2029

[1] Sherlock Contracting Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Sherlock Contracting Group Pty Ltd Enterprise Agreement 2025-2029 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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] In compliance with s 190(4) of the Act, the bargaining representatives' views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

[5] The Agreement contains a delegates' rights term, as required by s 205A(1) of the Act. However, given the decision of the Full Court of the Federal Court in Construction, Forestry and Maritime Employees Union v Australian Industry Group [2025] FCAFC 187, and recent variations issued by the Fair Work Commission Full Bench in AM2024/6 and AM2025/28, I put to the parties my view that the Agreement term is less favourable than the workplace delegates' rights term in the applicable award, and thus the award delegates' rights term should be inserted. The parties did not contest this. Accordingly, under s 205A(2), the workplace delegates' rights term in Clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020; Clause 36A of the Building and Construction General On-site Award 2020; and Clause 26A of Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement

[6] The Agreement was approved on 2 February 2026 and, in accordance with s 54, will operate from 9 February 2026. The nominal expiry date of the Agreement is 2 February 2030.

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