Application for approval of the Siteserv Australia Pty Ltd Enterprise Agreement 2025

[1] Siteserv Australia Pty Ltd ("the Employer") has applied for approval of an enterprise agreement known as Siteserv Australia Pty Ltd Enterprise Agreement 2025 ("the Agreement"). The Application was made under section 185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.

[2] There is a minor discrepancy as between the Notice of Employee Representational Rights, and the Agreement as made, as to the Agreement's title. For the purposes of subsection 188(5) I am satisfied that this was a minor technical error and not likely to disadvantage any employees in the circumstances.

[3] I sought and received submissions from the Employer as to whether employees who voted on the agreement have a sufficient interest in the terms of the agreement, and are sufficiently representative, having regard to the employees that the agreement is expressed to cover, and as to the provision of the NERR and the notice of the ballot. I have taken those submissions into account.

[4] Noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] I sought and received further submissions from the Employer in relation to the Better off overall test. I have taken those submissions into account.

[6] In light of the foregoing, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, and 188 of the Fair Work Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 13 November 2029.

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