ATB Morton (NSW) Pty Ltd

Case •

[2025] FWCA 909

•

14 MARCH 2025
[2025] FWCA 909

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

ATB Morton (NSW) Pty Ltd

(AG2025/481)

ATB MORTON NSW PTY LTD ENTERPRISE AGREEMENT 2024

Building services

DEPUTY PRESIDENT BOYCE

SYDNEY, 14 MARCH 2025

Application for approval of the ATB Morton NSW Pty Ltd Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement to be known as the ATB Morton NSW Pty Ltd Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by ATB Morton (NSW) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

  1. The Employer has provided written undertakings dated 13 March 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On-Site Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Model and/or flexibility clause

  1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Conclusion

  1. Subject to the undertakings referred to above, 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.

  1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 March 2025. The nominal expiry date of the Agreement is 14 March 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE528343  PR785201>

ANNEXURE A

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