| [2025] FWCA 2604 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Amrick Civil Pty Ltd
(AG2025/2534)
AMRICK CIVIL PTY LTD & THE AUSTRALIAN WORKERS’ UNION MAJOR PROJECTS AGREEMENT 2025
| Building, metal and civil construction industries | |
| COMMISSIONER REDFORD | MELBOURNE, 11 AUGUST 2025 |
Application for approval of the Amrick Civil Pty Ltd & The Australian Workers’ Union Major Projects Agreement 2025
An application has been made for approval of an enterprise agreement known as the Amrick Civil Pty Ltd & The Australian Workers’ Union Major Projects Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).
The application was filed by Mr Nick Rossignuolo but was amended pursuant to s 586 of the Act to insert Amrick Civil Pty Ltd as the applicant (Amrick).
Section 185(3)(a) of the Act provides that an application for approval of an agreement must be made no later than 14 days after the agreement being made. The Agreement was made on 11 July 2024. The application was filed on 31 July 2024, some 20 days after the Agreement was made and therefore 6 days late. I have considered the explanation provided for late lodgement and am satisfied in all the circumstances that it is fair to extend the period to the date on which the application was lodged
On the basis of the material filed with the application 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.
The Australian Workers' Union (AWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the AWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.
COMMISSIONER
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- AGLC
- Amrick Civil Pty Ltd [2025] FWCA 2604
- Case
- [2025] FWCA 2604
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and if it was genuinely negotiated between the parties. The Commission also needed to consider whether the agreement would promote better workplace relations and if it contained appropriate mechanisms for resolving disputes.
In assessing the application, the Commission took into account the views of both the applicant and the union, as well as the broader context of the construction industry. The Commission found that the agreement provided fair and reasonable terms and conditions for employees, and that it had been genuinely negotiated between the parties. The Commission also concluded that the agreement would promote better workplace relations and included appropriate dispute resolution mechanisms. Based on these findings, the Commission approved the agreement, subject to certain conditions to ensure ongoing compliance with workplace laws.
The Fair Work Commission approved the Amrick Civil Pty Ltd and The Australian Workers’ Union Major Projects Agreement 2025, subject to specific conditions to ensure compliance with workplace laws. The approved agreement will now govern the terms and conditions of employment for workers involved in major construction projects, providing a framework for fair and reasonable working conditions and effective dispute resolution.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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