Negri Contractors (Vic) Pty Ltd

[2025] FWCA 1512

[2025] FWCA 1512

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Negri Contractors (Vic) Pty Ltd

(AG2025/1140)

NEGRI CONTRACTORS (VIC) PTY LTD ENTERPRISE AGREEMENT 2025 – 2027

Building, metal and civil construction industries
COMMISSIONER ALLISON	MELBOURNE, 21 MAY 2025

Application for approval of the Negri Contractors (Vic) Pty Ltd Enterprise Agreement 2025 – 2027

1. Negri Contractors (Vic) Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Negri Contractors (Vic) Pty Ltd Enterprise Agreement 2025 - 2027 (the Agreement).

1. The Agreement does not contain a delegates’ rights term, as required by s.205A(1) of the Act. However, noting clause 5 of the Agreement, I am satisfied that the workplace delegates’ rights term in Clause 36A of the Building and Construction General On-Site Award 2020 (the Award) is incorporated into the Agreement.

1. Clauses 16.1(b) and 42.2(d) of the Agreement provides for the employment of apprentices, but the Agreement is silent as to pay rates for apprentices. The Employer submitted that it does not currently engage, nor intend to engage, apprentices. I am satisfied that for the purpose of s.193A(6) of the Act that apprentices are not a type of employment that is reasonably foreseeable and therefore relevant for the better off overall test.

1. Clause 34 of the Agreement, relating to compassionate leave, did not entitle an employee to compassionate leave in the case of a stillbirth or miscarriage, as required by s.104(1)(b) and (c) of the Act. The Employer provided an undertaking to resolve this concern.

1. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

1. Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 28 May 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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Annexure A