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[9]
austlii:cth/FWCA/2026/37
General information, not legal advice.
FWCA
2026-01-09
Original judgment source is linked above.
The attached document replaces the document previously issued with the above code on Friday, 9 January 2026.
The name of the agreement was incorrectly described as Solwest Constructions Pty Ltd Enterprise Agreement; it has now been updated to the correct title of Solwest Constructions Pty Ltd Enterprise Agreement 2025.
s.185 - Application for approval of a single-enterprise agreement
SOLWEST CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2025
Application for the approval of the Solwest Constructions Pty Ltd Enterprise Agreement 2025 - s 185 - agreement approved
[1] Solwest Constructions Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Solwest Constructions Pty Ltd Enterprise Agreement 2025 (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 application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s 586(b) of the Act.
[3] 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.
[4] 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.
[5] 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.
[6] I note that the following clause in the Agreement appears to be inconsistent with the National Employment Standards (the NES):
(a) Clause 34.4 provides that where an Employee fails to give the required notice, the Employer may withhold from any monies due an amount that is equivalent to the period of notice that would have otherwise applies. This clause does not limit the source of monies which may be deducted.
[7] However, I am satisfied that under clause 3.1 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[8] The Agreement was approved on 9 January 2026 and, in accordance with s 54, will operate from 16 January 2026. The nominal expiry date of the Agreement is 9 January 2030.
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