Alder Constructions Pty Ltd

[2025] FWCA 1784

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Alder Constructions Pty Ltd

(AG2025/1341)

ALDER CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BUTLER	BRISBANE, 28 MAY 2025

Application for approval of the Alder Constructions Pty Ltd Enterprise Agreement 2024.

Alder Constructions Pty Ltd (“the Employer”) has applied for approval of an enterprise agreement known as Alder Constructions Pty Ltd Enterprise Agreement 2024 (“the Agreement”). The Application was made under s.185 of the Fair Work Act 2009 (“the Fair Work Act”). The Agreement is a single enterprise agreement.

Consideration

Since filing its supporting declaration the Employer has provided a submission confirming the Agreement covers all on-site employees excluding administrative staff and management staff. The Employer has also informed the Commission that the Notice of Employee Representational Rights was distributed to all employees by hand. The Employer also provided information in support of the proposition that the employees who voted on the Agreement have a sufficient interest in its terms, and are sufficiently representative, dealing with classifications, types of employment, and geographic spread, and noting the work in which the Employer is involved. I also note that ten of the eleven employees voted, and they all voted in favour of the Agreement.

The National Employment Standards

Noting clause 10.1.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (“NES”) in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

Conclusion

In light of the foregoing, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, and 188 of the Fair Work Act as are relevant to this application for approval have been met.

The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 28 May 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alder Constructions Pty Ltd recently brought an application before the Fair Work Commission for the approval of their 2024 Enterprise Agreement. The applicants sought to finalise the terms and conditions of employment for their workers under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the statutory requirements for approval, including compliance with the ‘better off overall test’ and other mandatory provisions outlined in the Act.

The legal issues before the Commission involved a comprehensive review of the proposed agreement to determine its adherence to the legislative framework. The key concerns included whether the agreement provided employees with outcomes that were no less favourable than their existing conditions and whether it complied with the mandatory terms and conditions set out in the Fair Work Act and the relevant awards. The Commission also had to consider if the agreement contained any provisions that were contrary to public policy or inconsistent with the overarching principles of the Act.

In delivering its decision, the Commission meticulously examined the proposed agreement, weighing the provisions against the statutory benchmarks. The Commission found that the agreement did indeed meet the ‘better off overall test’ as it provided employees with improved conditions in several areas, including salary increments and leave entitlements. Furthermore, the Commission confirmed that the agreement complied with all relevant mandatory terms and conditions and did not include any provisions that contravened public policy or the Act. Based on this assessment, the Commission approved the Alder Constructions Pty Ltd Enterprise Agreement 2024.

The Fair Work Commission ordered the approval of the Alder Constructions Pty Ltd Enterprise Agreement 2024, effective from the date of the decision. This decision ensures that the terms and conditions of employment for the workers are governed by the approved agreement, providing clarity and legal certainty for both the employer and employees moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established