Modbotics Pty Ltd

[2025] FWCA 1180

[2025] FWCA 1180

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Modbotics Pty Ltd

(AG2025/796)

MODBOTICS PTY LTD ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER TRAN	MELBOURNE, 7 APRIL 2025

Application for approval of the Modbotics Pty Ltd Enterprise Agreement 2025

1. Modbotics Pty Ltd has applied for approval of an enterprise agreement known as the Modbotics Pty Ltd Enterprise Agreement 2025 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 16.2 – regarding maximum weekly hours

   ·   Clause 12 – regarding abandonment of employment

1. I note clause 4.2 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. I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 14 April 2025.

1. In accordance with clause 3.1, the nominal expiry date of the Agreement is 14 April 2029.

COMMISSIONER

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