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austlii:cth/FWCA/2025/2841
General information, not legal advice.
FWCA
2025-08-25
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
VERBREC SA/NT ELECTRICAL ENTERPRISE AGREEMENT 2025
Application for approval of the Verbrec SA/NT Electrical Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Verbrec SA/NT Electrical Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Verbrec Limited (the Applicant). The Agreement is a single enterprise agreement.
[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.
[3] Pursuant to s.205A(2) of the Act, the Workplace Delegates' Rights term in Clause 26A of the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.
[4] I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):
Personal/carers leave - Clause 27.1.2 of the Agreement provides that carers leave is claimable where the employee is the primary caregiver to a sick family member. By including the term primary care giver, this clause appears more restrictive than s.97 of the Act.
Personal/carer's leave - Clause 27.3 of the Agreement states any employee making a claim for personal leave must notify the Employer as soon as practicable prior to the commencement of the normal starting time of his/her working day or shift and stipulate the reasons for and the likely duration of the absence; provided notification must be by phone call to the employee's supervisor or manager. Section 107 of the Act however, provides for notice to be given as soon as practicable and may be a time after the leave has started.
[5] Noting clause 3.5 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.
[6] The Agreement is approved and will operate in accordance with s.54 of the Act from 1 September 2025. The nominal expiry date of the Agreement is 1 July 2028.
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