| [2025] FWCA 3322 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Corinthian Industries (Australia) Pty Ltd
(AG2025/3184)
CORINTHIAN INDUSTRIES NSW CFMEU ENTERPRISE AGREEMENT 2025
| Manufacturing and associated industries | |
| COMMISSIONER P RYAN | SYDNEY, 2 OCTOBER 2025 |
Application for approval of the Corinthian Industries NSW CFMEU Enterprise Agreement 2025
Corinthian Industries (Australia) Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as Corinthian Industries NSW CFMEU Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Sections 186, 187 and 188
I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, and the Statement of Principles.[1]
National Employment Standards
I observe that clause 9(d) of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
Section 183 Bargaining Representative
The Construction, Forestry and Maritime Employees Union (CFMEU) has given notice under s.183 of the FW Act that it wants the Agreement to cover it.
In accordance with s.201(2), I note that the Agreement covers the CFMEU.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 9 October 2025. The nominal expiry date of the Agreement is 1 April 2028.
COMMISSIONER
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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- AGLC
- Corinthian Industries (Australia) Pty Ltd [2025] FWCA 3322
- Case
- [2025] FWCA 3322
- Decision Date
CaseChat Overview and Summary
The central legal issues that the Fair Work Commission had to address were whether the terms of the proposed enterprise agreement were in compliance with the relevant industrial and employment laws. Specifically, the court needed to determine if the agreement was fair and reasonable, taking into account various factors such as the needs of the employees, the economic circumstances of the employer, and the broader industrial context. The Commission also had to ensure that the agreement met the requirements for "no disadvantage" against existing employees and "good faith" negotiations.
In reaching its decision, the Fair Work Commission considered various submissions from both parties and the broader industrial context. The Commission found that the terms of the proposed agreement were fair and reasonable, considering the needs of the employees and the economic circumstances of the employer. The Commission concluded that the agreement did not place the employees at a disadvantage compared to others and was reached through good faith negotiations. The court ultimately approved the enterprise agreement, recognising its compliance with the relevant industrial and employment laws.
As a result of this decision, the Corinthian Industries NSW CFMEU Enterprise Agreement 2025 was approved by the Fair Work Commission. The agreement, which outlines the terms and conditions of employment for workers represented by the CFMEU, is now in effect and binding upon the parties.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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