Axis Construct Aus Pty Ltd

Case

[2025] FWCA 1219

10 APRIL 2025


[2025] FWCA 1219

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Axis Construct Aus Pty Ltd

(AG2025/898)

AXIS CONSTRUCT AUS PTY LTD & THE AUSTRALIAN WORKERS’ UNION MAJOR PROJECTS AGREEMENT 2025

Building, metal and civil construction industries

COMMISSIONER FOX

MELBOURNE, 10 APRIL 2025

Application for approval of the Axis Construct Aus Pty Ltd & The Australian Workers’ Union Major Projects Agreement 2025.

  1. An application has been made for approval of an enterprise agreement known as the Axis Construct Aus Pty Ltd & The Australian Workers’ Union Major Projects Agreement 2025 (the Agreement). The application is made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied each of the requirements of ss.186 and 187 of the Act relevant to this application have been met. I am satisfied the Australian Workers’ Union is entitled to represent the industrial interests of the majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

  1. I note the Agreement was made with the Australian Workers’ Union and the agreement covers that organisation under s.53(2)(b).

  1. I am satisfied that each of the requirements of ss.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 ss.186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

  1. The Agreement is approved, and in accordance with s.54 of the Act, will operate from 17 April 2025. The nominal expiry date of the Agreement is 28 February 2029.


COMMISSIONER

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