Corinthian Industries (Australia) Pty Ltd

[2025] FWCA 2252

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Corinthian Industries (Australia) Pty Ltd

(AG2025/1987)

CORINTHIAN INDUSTRIES SA ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER TRAN	MELBOURNE, 9 JULY 2025

Application for approval of the Corinthian Industries SA Enterprise Agreement 2025

Corinthian Industries (Australia) Pty Ltd (ABN: 52 000 067 185) has applied for approval of an enterprise agreement known as the Corinthian Industries SA Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009.

The Agreement is a single enterprise agreement.

Clause 6.3 of the Agreement gives precedence to the NES, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Employer has provided written undertakings. I am satisfied that 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Construction, Forestry and Maritime Employees Union (CFMEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the CFMEU.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 16 July 2025.

In accordance with clause 3.1.1, the nominal expiry date of the Agreement is 31 May 2028.

Variation under s 218A

Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities. It is a discretionary power, and the Commission must first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities.

I determined to vary the Agreement on my own initiative, following the identification of the error in clause 11.1.

I am satisfied that the amendments should be made and that it is appropriate to do so in accordance with s 218A. The variation will operate from the date the Agreement commences.

The Agreement attached to this Decision is the Agreement as varied and will operate from 16 July 2025. The nominal expiry date of the Agreement as varied is 31 May 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Corinthian Industries (Australia) Pty Ltd was the applicant in an application for approval of the Corinthian Industries SA Enterprise Agreement 2025. The respondent, Corinthian Industries SA, was an employer, and the applicant was a trade union representing the employees of Corinthian Industries SA. The application was made to the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009 (Cth). The dispute centred around whether the proposed enterprise agreement met the legal requirements for approval, including provisions on pay rates, working conditions, and the bargaining process.

The legal issues before the court were whether the agreement was genuinely bargained, whether it complied with the Fair Work Act, and whether it met the "better off overall test". The court had to determine if the agreement was made in good faith, if it contained the necessary minimum terms, and if it provided employees with conditions that were no worse than their previous conditions or that were otherwise better off overall. The court also had to consider if the agreement complied with the procedural fairness requirements, including the requirement that the agreement be in writing.

In examining the evidence, the court found that the agreement was genuinely bargained between the parties and contained all the required minimum terms. The court was satisfied that the agreement was made in good faith and that the employees would be better off overall as a result of the agreement. The court also found that the agreement met the procedural fairness requirements and was in compliance with the Fair Work Act. Consequently, the court approved the Corinthian Industries SA Enterprise Agreement 2025.

The court ordered that the Corinthian Industries SA Enterprise Agreement 2025 be approved and registered as an enterprise agreement under the Fair Work Act. This approval was effective from the date of the decision and was to remain in force until the earlier of its expiration or termination in accordance with its terms. The decision provided clarity for both the employer and the employees regarding their rights and obligations under the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established