Brockman Services Pty Ltd

[2025] FWCA 1024

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Brockman Services Pty Ltd

(AG2025/703)

BROCKMAN SERVICES PTY LTD SITE ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT ROBERTS	SYDNEY, 25 MARCH 2025

Application for approval of the Brockman Services Pty Ltd Site Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Brockman Services Pty Ltd Site Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brockman Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

I note that Clause 6.7 of the Agreement provides that where the National Employment Standards (NES) are more beneficial in a particular respect to an employee than the Agreement, the NES shall prevail to the extent of the inconsistency. This clause adequately addresses any concern in relation to the operation subclause 32.5 of clause 32, Termination of Employment, of the Agreement.

The Australian Manufacturing Workers Union (AMWU), the Construction, Forestry and Maritime Employees Union (CFMEU) and the Australian Workers’ Union (AWU) each lodged Form F18 statutory declarations giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU, CFMEU and the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Brockman Services Pty Ltd sought approval for their 2024 Site Enterprise Agreement. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the proposed agreement complied with the relevant industrial legislation and if it appropriately balanced the interests of both the employer and the employees. The Commission was tasked with evaluating the fairness and practicality of the agreement.

The primary legal issue before the Commission was the determination of whether the proposed enterprise agreement met the requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement was made in good faith, provided for a genuine enterprise bargaining process, and included appropriate provisions for the employees' entitlements, rights, and obligations. The Commission also had to consider if the agreement was free from any elements of coercion or undue influence that could undermine its validity.

The Commission found that the proposed agreement had been made in good faith and followed a genuine enterprise bargaining process. The agreement was deemed to be fair and reasonable, taking into account the economic circumstances and the needs of both parties. The Commission was satisfied that the agreement provided adequate protections for the employees and included provisions that were practical and capable of being implemented. Consequently, the Commission approved the Brockman Services Pty Ltd Site Enterprise Agreement 2024, recognising its compliance with the relevant industrial legislation.

The Fair Work Commission approved the Brockman Services Pty Ltd Site Enterprise Agreement 2024, effective from the date of the decision. The Commission's approval ensures that the agreement will be binding on both the employer and the employees, providing a clear framework for their industrial relationship moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established