austlii:cth/FWCA/2025/3981
General information, not legal advice.
FWCA
2025-11-25
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Application for approval of the SWD Civil Enterprise Agreement 2025-2029
[1] An application has been made for approval of an enterprise agreement known as the SWD Civil Enterprise Agreement 2025-2029 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SWD Civil Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) the views of the bargaining representatives for the agreement were sought. 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 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.
[4] Noting clause 4 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 will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 25 November 2029 being four years from the date of approval.
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