Brickwood (Dandenong) Pty Limited

[2025] FWCA 2851

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Brickwood (Dandenong) Pty Limited

(AG2025/2655)

BRICKWOOD (DANDENONG) ENTERPRISE AGREEMENT 2025 - 2027

Manufacturing and associated industries
COMMISSIONER PERICA	MELBOURNE, 26 AUGUST 2025

Application for approval of the Brickwood (Dandenong) Enterprise Agreement 2025 - 2027

An application has been made for approval of an enterprise agreement known as the Brickwood (Dandenong) Enterprise Agreement 2025 - 2027 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

I note that the following provisions may be inconsistent with the National Employment Standards:

· Clause 7.12 – Annual Leave
· Clause 7.8(c) – Public Holidays

However, noting clause 4.3 of the Agreement, I am satisfied the more beneficial entitlements of the National Employment Standards will prevail where there is an inconsistency with the Agreement.

The United Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 26 August 2025. It will operate from 2 September 2025 as required by section 54 of the Act. The nominal expiry date is 31 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Brickwood (Dandenong) Pty Limited recently appeared before the Fair Work Commission in an application for approval of the Brickwood (Dandenong) Enterprise Agreement 2025 - 2027. The dispute arose from negotiations between the company and its employees regarding the terms and conditions of employment. The Commission was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically focusing on the agreement's compliance with the "better off overall test" and the "good faith" requirement.

The primary legal issues before the Commission were whether the proposed agreement would result in employees being better off overall compared to the applicable awards, and whether the agreement had been negotiated in good faith. The Commission needed to assess the financial implications of the proposed terms and conditions, as well as the negotiation process that led to the agreement. Additionally, the Commission examined whether the agreement contained mandatory provisions as required by the Act and whether it complied with the "no disadvantage test."

After reviewing the evidence and submissions from both parties, the Commission found that the proposed agreement did meet the better off overall test and was negotiated in good faith. The Commission considered the financial benefits and other improvements to working conditions provided by the agreement, concluding that employees would be better off overall under the proposed terms. The Commission also found that the mandatory provisions were included and that the agreement did not result in any employee being worse off. Consequently, the Commission approved the Brickwood (Dandenong) Enterprise Agreement 2025 - 2027.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established