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austlii:cth/FWCA/2025/1481
General information, not legal advice.
FWCA
2025-05-05
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
The Allan Engineering Unit Trust Trading AS Allan Engineering Pty Ltd
ALLAN ENGINEERING PTY LTD - MELBOURNE AIRPORT (TERMINAL 2) - LEND LEASE SITE SP1 ENTERPRISE AGREEMENT 2025
Application for approval of the Allan Engineering Pty Ltd - Melbourne Airport (Terminal 2) - Lend Lease Site SP1 Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Allan Engineering Pty Ltd - Melbourne Airport (Terminal 2) - Lend Lease Site SP1 Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Allan Engineering Unit Trust Trading AS Allan Engineering Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
[2] The matter was allocated to my Chambers on 15 April 2025.
[3] The notification time for the Agreement under s.173(2) was 28 February 2025 and the Agreement was made on 1 April 2025. Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1]
[4] On 30 April 2025, the Employer was invited to address a potential issue with the definition of a shift worker in the Agreement and its compliance with s.196 of the Act. The Applicant made submissions addressing this issue on 1 May 2025 and confirmed that "...it does not, has not and will not do any shiftwork. The nature of its business does not call for it and clause 11.2 was inserted simply to comply with section 196 of the FW Act."
[5] I have accepted the submissions made.
[6] I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 4 May 2029.
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.
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