| [2025] FWCA 809 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
APM Group (Aust) Pty Ltd
(AG2025/422)
AMP GROUP (AUST) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2024-2027
| Building services | |
| COMMISSIONER PLATT | ADELAIDE, 5 MARCH 2025 |
Application for approval of AMP Group (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024-2027
An application has been made for approval of an enterprise agreement known as the AMP Group (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by APM Group (Aust) Pty Ltd (the Applicant). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 28 February 2025.
On 28 February 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of Rick Moloney and supporting material which resolved the pre-approval concerns identified.
There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.
The Construction, Forestry and Maritime Employees Union, 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) of the Act I note that the Agreement covers this organisation.
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.
COMMISSIONER
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- AGLC
- APM Group (Aust) Pty Ltd [2025] FWCA 809
- Case
- [2025] FWCA 809
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission centred on whether the agreement contained mandatory terms that could be approved by the Commission under section 233 of the Fair Work Act. Specifically, the Commission had to determine if the terms were genuinely negotiated and if they complied with the "better off overall test" as stipulated by the Act. This test required the Commission to be satisfied that the employees would be better off overall with the proposed agreement than they would be without it.
The Commission assessed the agreement in detail, examining the negotiation process and the content of the agreement. It found that the agreement had been genuinely negotiated and contained terms that were fair and reasonable. The Commission was satisfied that the agreement met the better off overall test, as it provided employees with improved pay rates and conditions, as well as effective mechanisms for dispute resolution. Consequently, the Commission approved the agreement and registered it as a registered agreement under the Act.
The final orders of the Commission were to approve and register the Enterprise Agreement between APM Group (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period 2024 to 2027, ensuring that it would be legally binding on the parties and their employees.
Orders
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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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