Concept Engineering (Aust) Pty Ltd

[2025] FWCA 2819

[2025] FWCA 2819

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Concept Engineering (Aust) Pty Ltd

(AG2025/2705)

CONCEPT ENGINEERING (AUST) PTY LTD & RBTU ENTERPRISE AGREEMENT 2025

Rail industry
COMMISSIONER TRAN	MELBOURNE, 22 AUGUST 2025

Application for approval of the Concept Engineering (Aust) Pty Ltd & RBTU Enterprise Agreement 2025

1. Concept Engineering (Aust) Pty Ltd has applied for approval of an enterprise agreement known as the Concept Engineering (Aust) Pty Ltd & RBTU Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

1. The Agreement is a greenfields agreement.

1. The agreement meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met.

1. In accordance with s 187(5)(a) of the Act, I am satisfied that Australian Rail, Tram and Bus Industry Union (RTBU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

   ·   Clause 15.6(e) – Personal/Carer’s leave

   ·   Clause 16.1.7 – Public holidays

1. I note clause 1.4.1 of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with RTBU and that the Agreement covers this organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2025. The nominal expiry date of the Agreement is 29 August 2028.

COMMISSIONER

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