Burton Industries Pty Ltd Trading AS Burton Industries

[2025] FWCA 1313

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Burton Industries Pty Ltd Trading AS Burton Industries

(AG2025/1039)

BURTON INDUSTRIES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS COOLROOM BUILDER ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 7 MAY 2025

Application for approval of the Burton Industries Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Coolroom Builder Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Burton Industries Pty Ltd and the CFMEU (Victorian and General Division) Subcontractors Coolroom Builder Enterprise Agreement 2024-2027 (Agreement). The application was made by the Burton Industries Pty Ltd Trading As Burton Industries (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The NERR provided with the application differs from the form prescribed by the Fair Work Regulations2009 (Cth) in that it appears to contain the heading ‘what is an enterprise agreement?’ as opposed to ‘what is a single-enterprise agreement?’. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Burton Industries Pty Ltd Trading as Burton Industries, the applicant, applied to the Fair Work Commission for the approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Coolroom Builder Branch. The dispute centred on whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. The Fair Work Commission, presided over by Commissioner Williams, was tasked with determining the validity of the agreement.

The central legal issues before the Commission were whether the agreement complied with the requirements set forth in the Fair Work Act 2009, specifically whether it was properly certified, free from prohibited content, and provided for genuine bargaining. The Commission needed to assess whether the agreement was made in good faith and whether it complied with the procedural requirements outlined in the Act.

In examining the application, the Commission considered the evidence provided by both parties, including the process of negotiation and the content of the agreement. The Commission found that the agreement was certified by an authorised bargaining representative and contained no prohibited content. Additionally, the Commission was satisfied that the bargaining was conducted in good faith and that the procedural requirements of the Act were met. The Commission approved the agreement, finding that it met all necessary criteria for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Burton Industries Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Coolroom Builder Enterprise Agreement 2024 - 2027, finding it to be in compliance with the statutory requirements for enterprise agreements. This decision confirmed the agreement's validity and its applicability as a binding contract between the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established