[1] An application has been made for the approval of an enterprise agreement known as the WSU Civil 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 WSU Civil Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The material filed in support of the application disclosed a discrepancy between the title of the Agreement and title of the proposed agreement referred to in the Notice of Employee Representational Rights (NERR) which was issued to employees. The discrepancy was a reference to the year 2024 and the inclusion of the ACN in the NERR as opposed to the present title of the Agreement which refers to the year 2025 only. The Applicant submitted that this difference was explained by the fact that the Agreement was ultimately approved by the workforce in 2025 rather than 2024 when the NERR was issued. The discrepancy is a minor technical error which, in accordance with s.188(5) of the Act, I am able to disregard where I am satisfied that employees were not likely to have been disadvantaged by the error. I am satisfied that this is the case here and will disregard the error.

[3] I note that Clause 4 of the Agreement provides that this Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency. This clause resolves any concerns in relation clauses 8.1.4, 8.2.3(4) and 8.2.3(6) to the extent that the latter clauses may be inconsistent with the NES.

[4] The Applicant has provided a written undertaking (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[5] Having regard to the supporting material and the undertaking 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 undertaking is taken to be a term of the Agreement.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 19 March 2029.

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