Belpile Pty Ltd

[2025] FWCA 3117

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Belpile Pty Ltd

(AG2025/3033)

BELPILE PTY LTD EMPLOYEE SINGLE ENTERPRISE AGREEMENT 2025-2029

Building, metal and civil construction industries
DEPUTY PRESIDENT O'KEEFFE	PERTH, 22 SEPTEMBER 2025

Application for approval of the Belpile Pty Ltd Employee Single Enterprise Agreement 2025-2029

An application has been made for approval of an enterprise agreement known as the Belpile Pty Ltd Employee Single Enterprise Agreement 2025-2029 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Belpie Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 7 May 2025 and the Agreement was made on 22 August 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.
The Agreement did not contain a delegates’ rights clause. Pursuant to s.205A of the Act the delegates’ rights clause from the Building and Construction General On-site Award 2020 has been inserted as a term of the Agreement.
The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 September 2025. The nominal expiry date of the Agreement is 29 September 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Belpile Pty Ltd applied for approval of the Belpile Pty Ltd Employee Single Enterprise Agreement 2025-2029. The agreement, which was proposed by the applicant, was intended to govern the terms and conditions of employment for the applicant's employees. The application was made under the Fair Work Act 2009, and the applicant sought to have the agreement registered and made applicable to its employees.

The legal issues before the Commission included whether the proposed agreement met the statutory requirements for registration under the Fair Work Act. Key considerations were whether the agreement provided for minimum terms and conditions, whether it allowed for appropriate flexibility, and whether it was consistent with the overall principles of the Act. The Commission also had to consider whether the agreement was made in good faith and whether it provided for appropriate processes for resolving disputes.

The Commission found that the proposed agreement satisfied the requirements of the Fair Work Act. It provided for minimum terms and conditions of employment, allowed for appropriate flexibility, and was consistent with the principles of the Act. The Commission noted that the agreement included provisions for resolving disputes and that it had been made in good faith. As a result, the Commission approved the agreement and made it applicable to the applicant's employees from 1 July 2025.

The Commission's decision was based on a detailed analysis of the proposed agreement and the statutory requirements for registration. The applicant was ordered to provide the Fair Work Commission with a copy of the approved agreement and to take all necessary steps to ensure that its employees were aware of the terms of the agreement. The Commission also ordered that the agreement be published on its website and that a copy be provided to the relevant union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established