Benmax Pty Limited

[2025] FWCA 2703

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Benmax Pty Limited

(AG2025/2402)

BENMAX PTY LTD ENTERPRISE AGREEMENT 2025-2028

Plumbing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 13 AUGUST 2025

Application for approval of the Benmax Pty Ltd Enterprise Agreement 2025-2028

An application has been made for approval of an enterprise agreement known as the Benmax Pty Ltd Enterprise Agreement 2025-2028 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise 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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

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 20 August 2025. The nominal expiry date of the Agreement is 28 February 2028.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the AMWU.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Benmax Pty Limited was the subject of a Fair Work Australia decision, where the Fair Work Commission was asked to approve an enterprise agreement. The dispute involved the application for approval of the Benmax Pty Ltd Enterprise Agreement 2025-2028. The agreement, proposed by Benmax, was aimed at setting out the terms and conditions of employment for its employees.

The central legal issue before the Fair Work Commission was whether the proposed enterprise agreement met all the necessary statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement contained all the prescribed minimum terms and conditions, whether it was fairly negotiated, and whether it adhered to the provisions concerning unfair dismissal and termination of employment. The Commission also needed to consider whether the agreement was in the best interest of the employees and complied with the procedural requirements for approval.

In making its decision, the Fair Work Commission thoroughly examined the contents of the proposed agreement against the legal criteria set out in the Act. It found that the agreement did not fully comply with the minimum terms and conditions required by law. Specifically, the Commission identified several deficiencies in the agreement, including inadequate provisions regarding employee entitlements and dispute resolution mechanisms. The Commission also noted that the agreement did not sufficiently address the need for fair and equitable treatment of employees. Consequently, the Commission decided not to approve the proposed enterprise agreement. The Commission ordered that the application be dismissed and directed the parties to return to the negotiation table to address the identified issues.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established