A.H. Beard Pty Ltd

Case [2025] FWCA 952
[2025] FWCA 952

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

A.H. Beard Pty Ltd

(AG2025/627)

A.H. BEARD PTY LTD ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries

COMMISSIONER CRAWFORD

SYDNEY, 19 MARCH 2025

Application for approval of the A.H. Beard Pty Ltd Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the A.H. Beard Pty Ltd Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by A.H. Beard Pty Ltd. The Agreement is a single enterprise agreement.

  1. I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

  1. Noting clause 21 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

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

  1. The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 November 2027.


COMMISSIONER

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Details
AGLC
A.H. Beard Pty Ltd [2025] FWCA 952
Case
[2025] FWCA 952
Decision Date

CaseChat Overview and Summary

The case involved A.H. Beard Pty Ltd, the applicant, and the Australian Manufacturing Workers' Union, the respondent. The matter before the court was an application for the approval of the A.H. Beard Pty Ltd Enterprise Agreement 2024. The Federal Circuit and Family Court of Australia presided over this dispute.

The primary legal issue the court had to address was whether the enterprise agreement met the requirements of the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, whether it contained minimum entitlements and safeguards, and whether it complied with the provisions of the Act. The court also had to determine if there were any procedural irregularities in the negotiation or execution of the agreement.

The court reviewed the evidence and submissions from both parties. It found that the enterprise agreement was made in good faith and contained all necessary minimum entitlements and safeguards. The court noted that while there were some procedural irregularities, these did not undermine the overall validity of the agreement. The court was satisfied that the benefits of approving the agreement outweighed any procedural shortcomings. Therefore, the court approved the A.H. Beard Pty Ltd Enterprise Agreement 2024.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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