Austral Construction Pty Ltd T/A Austral Construction
[2025] FWCA 2997
•4 SEPTEMBER 2025
| [2025] FWCA 2997 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s 185—Enterprise agreement
Austral Construction Pty Ltd T/A Austral Construction
(AG2025/2875)
AUSTRAL CONSTRUCTION PTY LTD WA MAINTENANCE ENTERPRISE AGREEMENT 2025
| Manufacturing and associated industries | |
| COMMISSIONER LIM | PERTH, 4 SEPTEMBER 2025 |
Application for approval of the Austral Construction Pty Ltd WA MaintenanceEnterprise Agreement 2025
Austral Construction Pty Ltd Trading AS Austral Construction (the Applicant) has made an application for the approval of an enterprise agreement known as the Austral Construction Pty Ltd WA Maintenance Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.
I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (NES):
(a)Clause 9.5 of the Agreement states the Employee is required to notify the Company as soon as practicable prior to their scheduled starting time on any day that they are unable to attend for work due to Personal Leave. This appears more restricted than the personal leave notification requirements in s 107 of the Act, which states that notice should be provided as soon as practicable, which may be at a time after the commencement of the leave.
However, I am satisfied that under clause 6.3 of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement was approved on 4 September 2025 and, in accordance with s 54, will operate from 11 September 2025. The nominal expiry date of the Agreement is 4 September 2029.
COMMISSIONER
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