Concept Engineering (Aust) Pty Ltd Summary

[2025] FWCA 2819

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Concept Engineering (Aust) Pty Ltd

(AG2025/2705)

CONCEPT ENGINEERING (AUST) PTY LTD & RBTU ENTERPRISE AGREEMENT 2025

Rail industry
COMMISSIONER TRAN	MELBOURNE, 22 AUGUST 2025

Application for approval of the Concept Engineering (Aust) Pty Ltd & RBTU Enterprise Agreement 2025

Concept Engineering (Aust) Pty Ltd has applied for approval of an enterprise agreement known as the Concept Engineering (Aust) Pty Ltd & RBTU Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

The Agreement is a greenfields agreement.

The agreement meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met.

In accordance with s 187(5)(a) of the Act, I am satisfied that Australian Rail, Tram and Bus Industry Union (RTBU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I observe that the following clauses are likely to be inconsistent with the National Employment Standards:
· Clause 15.6(e) – Personal/Carer’s leave
· Clause 16.1.7 – Public holidays

I note clause 1.4.1 of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with RTBU and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2025. The nominal expiry date of the Agreement is 29 August 2028.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the case of Concept Engineering (Aust) Pty Ltd involved an application for the approval of the Concept Engineering (Aust) Pty Ltd & RBTU Enterprise Agreement 2025. The application was brought forward by the company and the union, seeking to have the agreement recognised and enforced as a lawful and valid enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary legal criteria for approval, including the requirement that it be made without the influence of prohibited conduct.

The central legal issues the commission needed to decide were whether the agreement was made without the influence of prohibited conduct, whether it complied with the minimum terms and conditions set out in the Fair Work Act, and whether it was made in good faith and for the purpose of creating an enterprise agreement. The commission also considered the procedural fairness of the process by which the agreement was made.

The commission found that the agreement was made without any influence of prohibited conduct and that it complied with the minimum terms and conditions. It was also satisfied that the agreement was made in good faith for the purpose of creating an enterprise agreement. The commission emphasised the importance of procedural fairness and noted that the process by which the agreement was made was transparent and involved meaningful consultation with the union. Based on these findings, the commission approved the Concept Engineering (Aust) Pty Ltd & RBTU Enterprise Agreement 2025, confirming its validity and enforceability under the Fair Work Act.

Concept Engineering (Aust) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established