austlii:cth/FWCA/2026/142
General information, not legal advice.
FWCA
2026-01-28
Original judgment source is linked above.
s.185 - Enterprise agreement
SLADE INDUSTRIES MAINTENANCE PTY LTD ENTERPRISE AGREEMENT 2025-2029
Application for approval of the Slade Industries Maintenance Pty Ltd Enterprise Agreement 2025-2029
[1] An application has been made for approval of an enterprise agreement known as the Slade Industries Maintenance Pty Ltd Enterprise Agreement 2025-2029 (Agreement). The Application was made by Slade Industries Maintenance Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
[2] The Applicant 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.
[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[4] The Agreement contains a delegates' rights term in clause 10 which I consider is less favourable than the delegates' rights clause which now appears in clause 26A of the Electrical, Electronic and Communications Contracting Award 2020. As a result, the workplace delegates' rights term appearing in clause 26A of the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement in accordance with s.205A of the FW Act.
[5] Noting clause 4.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.
[6] The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 28 January 2030.
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