Baker & Provan Pty Ltd

[2025] FWCA 3090

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Baker & Provan Pty Ltd

(AG2025/2752)

BAKER & PROVAN PTY LTD SNOWY 2.0 PROJECT TBM SITE WELDING ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 12 SEPTEMBER 2025

Application for approval of the Baker & Provan Pty Ltd Snowy 2.0 Project TBM Site Welding Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Baker & Provan Pty Ltd Snowy 2.0 Project TBM Site Welding Enterprise Agreement 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

Section 205A(1) of the Act provides that an enterprise agreement must include a delegates’ rights term for workplace delegates to whom the agreement applies. The Agreement does not contain a delegates’ rights term. Pursuant to subsection 205A(2)(b) of the Act, the delegates’ rights term contained in the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

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

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 19 September 2025. The nominal expiry date of the Agreement is 18 September 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Baker & Provan Pty Ltd, applied for the approval of a new enterprise agreement to govern the terms and conditions of employment for workers involved in the Snowy 2.0 Project Tunnel Boring Machine Site Welding. The applicant sought to have the agreement certified as a Simple Agreement for Future Enterprise (SAFE) Agreement. The dispute was heard in the Fair Work Commission, which has jurisdiction over matters involving workplace relations and enterprise agreements.

The key legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement was a simple agreement for future enterprise, as defined in the Act, and whether it met the criteria for certification. The applicant argued that the agreement was straightforward and met all the necessary requirements for certification, while the respondents, who were the employees' representatives, raised concerns about certain provisions in the agreement.

The Commission found that the proposed agreement was indeed a simple agreement for future enterprise, as it covered a limited number of employees, addressed only a few key terms and conditions of employment, and did not include complex or contentious issues. The Commission also concluded that the agreement met the criteria for certification, as it provided for a fair and reasonable process for resolving disputes and included provisions for employee representation. The Commission approved the agreement and certified it as a SAFE Agreement.

The Fair Work Commission approved and certified the Baker & Provan Pty Ltd Snowy 2.0 Project TBM Site Welding Enterprise Agreement 2025 as a Simple Agreement for Future Enterprise. The agreement will now govern the terms and conditions of employment for the workers involved in the project, providing a framework for resolving any future disputes and ensuring a fair and reasonable process for doing so.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established