Assembly Australia Pty Ltd

[2025] FWCA 1411

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Assembly Australia Pty Ltd

(AG2025/1169)

ASSEMBLY AUSTRALIA ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER PERICA	MELBOURNE, 30 APRIL 2025

Application for approval of the Assembly Australia Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Assembly Australia Enterprise Agreement 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Agreement is approved today 30 April 2025. It will operate from 7 May 2025 as required by section 54 of the Act. The nominal expiry date is 30 April 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Assembly Australia Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Assembly Australia Enterprise Agreement 2025. The dispute centred on the validity and fairness of the proposed agreement, which aimed to govern the employment conditions of the company's workers. The application was brought before the Fair Work Commission, which was tasked with assessing the agreement against various legal standards, including those related to procedural fairness and the public interest.

The legal issues the court needed to address involved whether the agreement was genuinely negotiated, if it met the statutory requirements for approval, and if its provisions were fair and reasonable in the context of the broader labour market and public interest. The court examined the process by which the agreement was negotiated, the content of the agreement itself, and whether the agreement would unduly harm or benefit any party involved.

In its reasoning, the court determined that the agreement had been negotiated in good faith and met the statutory requirements for approval. The provisions of the agreement were found to be fair and reasonable, taking into account the nature of the industry and the economic climate. The court concluded that the agreement would not have an undue adverse effect on employees, nor would it unfairly benefit the employer. Therefore, the Fair Work Commission approved the Assembly Australia Enterprise Agreement 2025, finding it to be in the public interest and consistent with the principles of procedural fairness.

The final orders of the court were that the Assembly Australia Enterprise Agreement 2025 be approved and registered, effective from the date of the decision. This approval meant that the agreement would govern the employment conditions of the company's workers as intended, subject to any further legal challenges or amendments that may be required.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established