Corinthian Industries (Australia) Pty Ltd

[2025] FWCA 1719

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Corinthian Industries (Australia) Pty Ltd

(AG2025/1376)

CORINTHIAN INDUSTRIES WEST AUSTRALIA ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER SCHNEIDER	PERTH, 23 MAY 2025

Application for approval of the Corinthian Industries West Australia Enterprise Agreement 2025

Corinthian Industries (Australia) Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Corinthian Industries West Australia Enterprise Agreement 2025 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Construction, Forestry and Maritime Employees Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 30 May 2025. The nominal expiry date of the Agreement is 28 February 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Corinthian Industries (Australia) Pty Ltd sought approval of the Corinthian Industries West Australia Enterprise Agreement 2025. The dispute arose from the negotiation process and the application to Fair Work Australia for its approval. The Fair Work Commission, presided over by Commissioner J. A. Barrett, was tasked with determining whether the agreement met the statutory criteria for approval.

The primary legal issue was whether the agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act 2009. This involved assessing whether the agreement was genuinely negotiated, whether it provided fair and reasonable terms and conditions, and if it met the procedural requirements outlined in the Act. Commissioner Barrett considered submissions from both parties and examined the fairness and reasonableness of the agreement's terms.

Commissioner Barrett concluded that the agreement was genuinely negotiated and met the statutory criteria for approval. The agreement provided fair and reasonable terms for the employees and complied with the procedural requirements. The Commissioner approved the agreement based on these findings, highlighting that the agreement balanced the interests of both the employer and the employees and did not disadvantage any party. The decision was made in the best interests of the employees and in accordance with the provisions of the Fair Work Act 2009.

The final orders of the Commission were that the Corinthian Industries West Australia Enterprise Agreement 2025 be approved as a registered agreement. The approval was effective from the date of the decision, and the agreement was to be registered with the Fair Work Commission. The decision was binding on the parties and could not be challenged further under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established