Application for approval of the TCL Workmates (Civil) AWU NSW Civil Agreement 2025-2028

[1] An application has been made for approval of a greenfields agreement known as the TCL Workmates (Civil) AWU NSW Civil Agreement 2025-2028 (Agreement). The application was made by TCL Workmates (Civil) Pty Limited (Applicant) pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] On the materials before the Commission, I am satisfied that:

• (a) This is a greenfields agreement that meets the requirements of s.172(2)(b) of the FW Act;

• (b) In accordance with s.187(5)(a) of the FW Act, the Australian Workers' Union (AWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it; and

• (c) That it is in the public interest to approve the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application and the accompanying declaration.

[4] I observe that some aspects of clause 36 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s.53(2)(b) of the FW Act I note the Agreement was made with the AWU and that the Agreement covers the AWU.

[6] The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 18 June 2025. The nominal expiry date of the Agreement is 1 April 2028.

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