Eptec Pty Ltd T/A Infrastructure Solutions Summary

[2025] FWCA 3387

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Eptec Pty Ltd T/A Infrastructure Solutions

(AG2025/2889)

INFRASTRUCTURE SOLUTIONS ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER SLOAN	SYDNEY, 9 OCTOBER 2025

Application for approval of the Infrastructure Solutions Enterprise Agreement 2025

Eptec Pty Ltd T/A Infrastructure Solutions has applied for approval of a single enterprise agreement known as the Infrastructure Solutions Enterprise Agreement 2025 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”).
Eptec has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement. The Commission sought the views of the bargaining representatives on the undertaking. Pursuant to section 190(3) of the Act, I accept the undertaking. The undertaking is taken to be a term of the Agreement.
In one respect, the Agreement contains provisions that appear to be inconsistent with the National Employment Standards (“NES”). Clause 20.3 requires an employee who applies for personal/carer’s leave to “contact their supervisor immediately and give notification of the illness, injury or requirement to provide carer’s leave, and their expected duration of absence from the workplace”. This is more onerous than section 107 of the Act, which provides that notice should be provided as soon as practicable, which may be at a time after the commencement of the leave.
Having noted that, clause 7 of the Agreement states that if a provision of the Agreement is detrimental to an employee when compared to the NES, the provision will have no effect, and the minimum entitlement of the NES will prevail. This should ensure that clause 20.3 is not applied in a manner contrary to the NES. In raising the issue, it is my intention to ensure that this is the case.

Having regard to the undertaking and the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.
The Construction, Forestry and Maritime Employees Union (“CFMEU”) was a bargaining representative for the Agreement. It has given notice under section 183 of the Act that it wants the Agreement to cover it. As required by section 201(2) of the Act, I note that the Agreement covers the CFMEU.
The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 16 October 2025. The nominal expiry date of the Agreement is 9 October 2029.

COMMISSIONER

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Annexure A

Eptec Pty Ltd, trading as Infrastructure Solutions, applied for approval of the Infrastructure Solutions Enterprise Agreement 2025 before the Fair Work Commission. The application was made under the Fair Work Act 2009, seeking to have the agreement, which covers employees in the infrastructure and construction industry, certified as a single-employer enterprise agreement. The applicant sought to ensure the agreement would be binding and enforceable for the specified period.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement covered the necessary minimum terms, whether it was made in good faith, and whether it was properly negotiated. The Commission also needed to consider whether the agreement would result in a fair and efficient workplace.

In its decision, the Commission found that the agreement contained the necessary minimum terms as stipulated in the Fair Work Act 2009. The Commission was satisfied that the agreement was made in good faith and was the product of proper negotiation between the employer and the relevant employee representatives. The Commission concluded that the agreement would not result in unfair dismissals or other adverse outcomes for the employees and was therefore appropriate for certification. Accordingly, the application for approval of the Infrastructure Solutions Enterprise Agreement 2025 was approved, and the agreement was certified as a single-employer enterprise agreement.

Eptec Pty Ltd T/A Infrastructure Solutions

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established