Baker & Provan Pty Ltd
[2025] FWCA 3090
•12 SEPTEMBER 2025
| [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
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Annexure A
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