Axis Construct Aus Pty Ltd Summary

[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.

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.

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.

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

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Axis Construct Aus Pty Ltd, sought approval of a new enterprise agreement with the Australian Workers' Union. This matter was heard in the Fair Work Commission (FWC). The dispute centred around the terms of the proposed agreement, particularly those related to wage increases and working conditions. The union argued that certain provisions were unfair, while the employer maintained that the terms were reasonable and reflective of industry standards.

The legal issues before the FWC involved determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC needed to assess if the agreement provided for fair and reasonable terms and conditions, and whether it had been negotiated in good faith. The union's objections focused on the wage increments and the impact of certain clauses on employee entitlements.

The FWC examined the negotiation process, the terms of the proposed agreement, and the submissions from both parties. It found that while some provisions were contentious, the overall agreement provided for fair and reasonable terms. The FWC also concluded that the negotiation process had been conducted in good faith. Based on these findings, the FWC approved the proposed agreement.

In its decision, the FWC outlined specific terms that would be incorporated into the approved agreement, ensuring compliance with the Fair Work Act. The union's concerns were partially addressed by these modifications, leading to the acceptance of the agreement. The employer's application for approval was thus successful.

Axis Construct Aus Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established