Crosato Pty Ltd T/A Austral Shotcrete Constructions

[2025] FWCA 748

[2025] FWCA 748

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Crosato Pty Ltd T/A Austral Shotcrete Constructions

(AG2024/4758)

AUSTRAL SHOTCRETE CONSTRUCTIONS ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER THORNTON	ADELAIDE, 26 FEBRUARY 2025

Application for approval of the Austral Shotcrete Constructions Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Austral Shotcrete Constructions Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Crosato Pty Ltd T/A Austral Shotcrete Constructions (the Applicant). The Agreement is a single enterprise agreement.

1. The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different title for the Agreement, that title being ‘Crosato Pty Ltd Trading as Austral Shotcrete Constructions Enterprise Agreement 2024’. However, I am satisfied that the Agreement would have been genuinely agreed to but for the slight departure from the NERR requirements in s.174(1)(A)(c) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act and exercise the discretion conferred by s.188(5) of the Act to disregard the minor technical error.

1. The copy of the Agreement filed with the application for approval did not contain a signature page as signed in accordance with s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009 (the Regulations). An amended signature page was later filed that met the requirements of the Act and Regulations. The Applicant filed submissions requesting that I allow an amendment of a document relating to the matter. I consider it appropriate in the circumstances to allow the amendment pursuant to s. 586(a) of the Act.

1. The Applicant has provided written undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. Noting the undertakings provided and considering clause 1.4.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 5 March 2025. The nominal expiry date of the Agreement is 26 February 2029.

COMMISSIONER

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