Macquarie Builders Pty Ltd

[2025] FWCA 2256

[2025] FWCA 2256

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Macquarie Builders Pty Ltd

(AG2025/2005)

MACQUARIE BUILDERS PTY LTD & ON-SITE EMPLOYEES 2024 AGREEMENT

Building, metal and civil construction industries
COMMISSIONER TRAN	MELBOURNE, 9 JULY 2025

Application for approval of the Macquarie Builders Pty Ltd & On-Site Employees 2024 Agreement

1. Macquarie Builders Pty Ltd (ABN: 97 081 725 199) has applied for approval of an enterprise agreement known as the Macquarie Builders Pty Ltd & On-Site Employees 2024 Agreement under s 185 of the Fair Work Act 2009.

1. The Agreement is a single enterprise agreement.

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

   ·   Clause 34.3(e) – Evidence for personal leave

   ·   Clause 34.4(b) – “Immediate family” for the purposes of carer’s leave

   ·   Clause 34.4(e) – Notice for carer’s leave

   ·   Clause 34.5 – Compassionate leave

   ·   Clause 35(a) & 35(b) – Public holidays

   ·   Schedule 1, clause 4.4 – Termination (deductions)

1. Clause 1.7 of the Agreement gives precedence to the NES, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Employer 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 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The Agreement does not contain a delegates’ rights term as required by s 205A(1) of the Act. Under s 205A(2) of the Act, the workplace delegates’ rights term in Clause 36A of the Building and Construction General On-Site Award 2020 is taken to be a term of the Agreement.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 16 July 2025.

1. In accordance with clause 6.1, the nominal expiry date of the Agreement is 30 June 2028.

Variation under s 218A

1. Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities. It is a discretionary power, and the Commission must first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities.

1. I determined to vary the Agreement on my own initiative, following the identification of a typographical error in clause 15.6.

1. The Applicant provided an amended copy of the Agreement, with only the amendments identified above.

1. I am satisfied that the amendments should be made and that it is appropriate to do so in accordance with s 218A. The variation will operate from the date the Agreement commences.

1. The Agreement attached to this Decision is the Agreement as varied and will operate from 16 July 2025. The nominal expiry date of the Agreement as varied is 30 June 2028.

COMMISSIONER

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APPENDIX A