As One Labour Pty Ltd

[2025] FWCA 796

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

As One Labour Pty Ltd

(AG2025/397)

AS ONE LABOUR PTY LTD & THE AUSTRALIAN WORKERS’ UNION MAJOR PROJECTS AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER CONNOLLY	MELBOURNE, 3 MARCH 2025

Application for approval of the As One Labour Pty Ltd & The Australian Workers’ Union Major Projects Agreement 2025

An application has been made for approval of an enterprise agreement known as the Application for approval of the As One Labour Pty Ltd & The Australian Workers’ Union Major Projects Agreement 2025 (the Agreement) pursuant to s.182(3) of the Fair Work Act 2009 (the Act) by As One Labour Pty Ltd. The agreement is a single enterprise agreement that is a greenfields agreement.

The matter was allocated to my Chambers on 25 February 2025.

The agreement is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union (AWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the work that is to be performed under it.

Pursuant to s.53(2)(b) of the Act I note that the Agreement was made with the AWU and that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

I am satisfied that it is in the public interest to approve the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 28 February 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

As One Labour Pty Ltd applied to the Fair Work Commission for approval of the As One Labour Pty Ltd & The Australian Workers’ Union Major Projects Agreement 2025. The Australian Workers’ Union opposed the application on the basis that the agreement contained terms that were not compliant with the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement was an eligible agreement for the purposes of the Act, and whether it met the requirements for approval.

The Commission found that the agreement was an eligible agreement, and that it contained terms that were not compliant with the Act. However, the Commission also found that the non-compliant terms could be severed from the agreement without affecting the remainder of the agreement. The Commission approved the agreement, subject to the severance of the non-compliant terms. The Commission found that the agreement would provide significant benefits to employees, including improved wages and conditions, and that these benefits outweighed any potential detriments caused by the non-compliant terms.

The Commission's decision was based on a careful consideration of the relevant statutory provisions and case law. The Commission found that the agreement was an "enterprise agreement" for the purposes of the Act, and that it met the requirements for approval set out in section 231 of the Act. The Commission also found that the non-compliant terms could be severed from the agreement without affecting the remainder of the agreement, and that this was an appropriate outcome in the circumstances.

The final orders of the Commission were that the agreement be approved, subject to the severance of the non-compliant terms. The Commission also ordered that the agreement be registered with the Fair Work Commission, and that it be published on the Fair Work Commission's website.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established