Symmetry Commercial Pty Ltd

[2025] FWCA 973

[2025] FWCA 973

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Symmetry Commercial Pty Ltd

(AG2025/586)

SYMMETRY COMMERCIAL CROWN RESORTS MELBOURNE EBA 2025 TO 2028

Building, metal and civil construction industries
COMMISSIONER FOX	MELBOURNE, 21 MARCH 2025

Application for approval of the Symmetry Commercial Crown Resorts Melbourne EBA 2025 to 2028.

1. An application has been made for approval of an enterprise agreement known as the Symmetry Commercial Crown Resorts Melbourne EBA 2025 to 2028 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Symmetry Commercial Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

1. I observe that the following clause is likely to be inconsistent with the National Employment Standards (NES):

   • Compassionate Leave: Clause 20.5 of the Agreement provides for compassionate leave but is silent in relation to the entitlement when the employee, their spouse, or de facto partner has a miscarriage or gives birth to a stillborn child. This is inconsistent with clause s.104(1) of the Act.

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

1. The Agreement is approved, and in accordance with s.54 of the Act, will operate from 28 March 2025. The nominal expiry date of the Agreement is 21 March 2028.

COMMISSIONER

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Annexure A