C1 Group Pty Ltd Summary

[2025] FWCA 2456

The attached document replaces the document previously issued with the above code on 24 July 2025.

Title of Enterprise Agreement inserted

Associate to Deputy President O’Keeffe

Dated 30 July 2025

[2025] FWCA 2456

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

C1 Group Pty Ltd

(AG2025/2231)

C1 GROUP PTY LTD ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT O’KEEFFE	PERTH, 24 JULY 2025

Application for approval of the C1 Group Pty Ltd Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the C1 Group Pty Ltd Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by C1 Group 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 20 December 2024 and the Agreement was made on 28 June 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.
I note that there is a small inconsistency in the Agreement. Specifically, while it does not contain any apprentice provisions due to there being no trades classifications, there is a definition of adult apprentice in clause 2. The Applicant has advised and I accept that this definition is superfluous and was included in error.
While the Agreement referred to a delegates’ rights clause in another instrument, it did not include a clause per se. Given this, the delegates’ rights clause from the Building and Construction General On-site Award 2020 has been inserted as a term of the Agreement pursuant to s.205A of the Act.
I have also considered the small voting cohort who approved the Agreement and the issue of whether they are sufficiently representative and have sufficient interest in the Agreement. While the Agreement lists six pay levels, in reality there are only two categories, each with three levels based on length of service. While the voter cohort represent only two levels in the category of Post Tensioner, the other category is in effect an entry level category of Labourer. I am satisfied that such a level is used for a new employee gaining the skills to be a Post Tensioner. I also note that the Agreement is underpinned by a single award and operates only within Western Australia. Given this, I am satisfied that the voter cohort is sufficiently representative. The Applicant has also stated that the employees who voted will all be paid the rates in the Agreement and I am also satisfied that they have sufficient interest in the Agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2025. The nominal expiry date of the Agreement is 24 July 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The decision of the Fair Work Commission concerns the approval of the C1 Group Pty Ltd Enterprise Agreement 2025. The applicant, C1 Group Pty Ltd, sought approval of the agreement under section 185 of the Fair Work Act 2009. This application followed the legislative changes introduced by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, which commenced on 6 June 2023. The agreement, made on 28 June 2025, was notified on 20 December 2024. The legal issues before the Deputy President were whether the agreement met the genuine agreement and better off overall test (BOOT) requirements, and whether the voting cohort was sufficiently representative and had sufficient interest in the agreement.

In addressing these issues, the Deputy President noted a minor inconsistency in the agreement where a definition of an adult apprentice was included despite the absence of any apprentice provisions. This inconsistency was deemed to be an error. The delegates' rights clause was incorporated from the Building and Construction General On-site Award 2020. The Deputy President also considered the representativeness and interest of the small voting cohort that approved the agreement. The cohort, though small, was deemed sufficiently representative, particularly as the agreement only operates within Western Australia and is underpinned by a single award. The Deputy President concluded that the requirements of sections 186, 187, and 188 of the Fair Work Act were satisfied.

The Fair Work Commission approved the C1 Group Pty Ltd Enterprise Agreement 2025, which will operate from 31 July 2025, with a nominal expiry date of 24 July 2029. This approval is in accordance with section 54 of the Fair Work Act. The decision highlights the considerations taken by the Commission in evaluating the agreement's compliance with the necessary legal standards and the satisfaction of the voting cohort's representativeness and interest.

C1 Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established