Askin (Vic) Pty Ltd

[2025] FWCA 2328

The attached document replaces the document previously issued with the above code on 16 July 2025.

Agreement title has been updated and final copy has been attached.

Associate to DEPUTY PRESIDENT MASSON

Dated 30 July 2025.

[2025] FWCA 2328

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Askin (Vic) Pty Ltd

(AG2025/1853)

ASKIN (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS COOLROOM BUILDER ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 JULY 2025

Application for approval of the ASKIN (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Coolroom Builder Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the ASKIN (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Coolroom Builder Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Askin (Vic) Pty Ltd. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 5 March 2025 and the Agreement was made on 3 June 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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

The Construction, Forestry and Maritime Employees Union (CFMEU), 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 organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Askin (Vic) Pty Ltd sought approval of the Subcontractors Coolroom Builder Enterprise Agreement 2024-2027, in conjunction with the CFMEU (Victorian Construction and General Division). The application for approval was made pursuant to section 230 of the Fair Work Act 2009. The dispute centred on the terms of the proposed enterprise agreement, particularly concerning the classification and pay rates of the subcontractors employed by Askin (Vic) Pty Ltd.

The primary legal issues before the Commission were whether the proposed agreement met the requirements for approval under the Fair Work Act and if it complied with the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions and if it had been made in good faith. The Commission also examined whether the agreement met the "better off overall test" and if it contained terms that were contrary to public policy or not genuinely intended to be part of the agreement.

The Commission found that the proposed agreement did indeed meet the statutory requirements for approval. It was determined that the agreement provided for fair and reasonable terms and conditions, and it was made in good faith. The Commission was satisfied that the better off overall test was met, meaning that the overall benefits to the employees outweighed any detriments. Additionally, the agreement did not contain any terms that were contrary to public policy or not genuinely intended to be part of the agreement. Consequently, the Commission approved the application for the Subcontractors Coolroom Builder Enterprise Agreement 2024-2027 to be registered.

As a result of the approval, the Subcontractors Coolroom Builder Enterprise Agreement 2024-2027 was registered, and the terms and conditions it contained became legally binding between Askin (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) for the duration of the agreement. This registration ensures that the rights and obligations of the parties are protected under the Fair Work Act, contributing to a fair and balanced working environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established