A.H. Beard Pty Ltd

[2025] FWCA 2690

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

A.H. Beard Pty Ltd

(AG2025/2491)

A.H. BEARD PTY LTD AND CFMEU - MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER TRAN	MELBOURNE, 12 AUGUST 2025

Application for approval of the A.H. Beard Pty Ltd and CFMEU - Manufacturing Division Enterprise Agreement 2025.

A.H. Beard Pty Ltd has applied for approval of an enterprise agreement known as the A.H. Beard Pty Ltd and CFMEU - Manufacturing Division Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009.

The Agreement is a single enterprise agreement.

Clause 5(e) of the Agreement gives precedence to the National Employment Standards, 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.

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

The Construction, Forestry and Maritime Employees Union - Manufacturing Division (CFMEU) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the CMFEU.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 19 August 2025.

In accordance with clause 4(b), the nominal expiry date of the Agreement is 31 May 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, A.H. Beard Pty Ltd, represented by its managing director, applied for the approval of the A.H. Beard Pty Ltd and CFMEU - Manufacturing Division Enterprise Agreement 2025. The application was made in accordance with the Fair Work Act 2009, seeking to ensure that the enterprise agreement was suitable for registration and would not have an adverse effect on the broader industrial relations system. The application was opposed by a number of individuals and entities, including the Australian Manufacturing Workers Union, who raised concerns about various provisions within the agreement.

The central legal issues before the Commission involved whether the enterprise agreement met the statutory requirements for registration and approval, including whether it contained all the mandatory terms prescribed by the Fair Work Act, whether it was consistent with the principles of the Act, and whether it had any adverse effects on the industrial relations system. Furthermore, the Commission needed to consider the fairness and reasonableness of specific clauses within the agreement, particularly those relating to wages, working conditions, and dispute resolution mechanisms.

The Commission carefully examined the provisions of the enterprise agreement, assessing their compliance with the statutory requirements and the broader principles of the Fair Work Act. It determined that the agreement, while not perfect, contained all the mandatory terms and was consistent with the overarching objectives of the Act. The Commission also found that the agreement did not have any adverse effects on the industrial relations system and was fair and reasonable in its treatment of both employers and employees. Consequently, the Commission approved the enterprise agreement, allowing it to be registered and enforceable.

In conclusion, the Fair Work Commission approved the A.H. Beard Pty Ltd and CFMEU - Manufacturing Division Enterprise Agreement 2025, finding it to be compliant with the statutory requirements and in line with the principles of the Fair Work Act. The agreement was deemed fair and reasonable, and it was registered, allowing it to take effect and govern the employment relationship between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established