austlii:cth/FWCA/2025/4060
General information, not legal advice.
FWCA
2025-12-02
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
STEELFINNE FABRICATIONS PTY LTD (HALLAM) ENTERPRISE AGREEMENT 2025
Application for approval of the Steelfinne Fabrications Pty Ltd (Hallam) Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Steelfinne Fabrications Pty Ltd (Hallam) Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Steelfinne Fabrications Pty Ltd (the Employer). The Agreement is a single enterprise agreement.
[2] I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).
[3] I observe that the following clause is likely to be inconsistent with the National Employment Standards (NES):
[4] However, noting clause 4.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Agreement is approved, and in accordance with s.54 of the Act, will operate from 9 December 2025. The nominal expiry date of the Agreement is 31 October 2028.

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