Application for approval of the William John & Monique Allendorf t/as WMA Demolition Enterprise Agreement 2026

[1] W J & M Allendorf T/A WMA Demolition (the Employer) has applied for approval of an enterprise agreement known as the William John & Monique Allendorf t/as WMA Demolition Enterprise Agreement 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. There were no bargaining representatives for the Agreement. Therefore, the Commission was not required to seek the views of any person or organisations, for the purposes of satisfying s.190(4) of the Act.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] The Agreement's workplace delegates' rights term is less favourable than that contained in the Building and Construction General On-site Award 2020 (the Award). Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Award is attached to the Agreement and taken to be a term of it.

[5] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2026. The nominal expiry date of the Agreement is 30 December 2029.

[7] In correspondence issued to the Employer, I advised that clause 7.7 of the Agreement contains a clause referencing error which provides, "The overtime penalties as prescribed in Clause Error! Reference source not found." I indicated to the Employer my view that this was a technical error capable of correction under s.218A of the Act.

[8] The Employer provided a revised copy of the Agreement correcting the error and providing the correct reference to clause 7.2 of the Agreement. Clause 7.2 contains the additional hours and overtime provisions.

[9] I am therefore satisfied that the error identified is an obvious technical error within the meaning of s.218A of the Act, and that it is appropriate to amend the relevant paragraph of clause 7.7 of the Agreement such that it refers to clause 7.2. Accordingly, I exercise my discretion to do so on the Commission's initiative pursuant to s.218A(2)(a) of the Act. Ther Employer has provided a revised copy of the Agreement incorporating the variation. That version of the Agreement will be published alongside this decision.

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