EXZO Pty Ltd Summary | CaseChat AU

[2025] FWCA 2727

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

EXZO Pty Ltd

(AG2025/2344)

EXZO ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER LIM	PERTH, 14 AUGUST 2025

Application for approval of the EXZO Enterprise Agreement 2025.

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

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

In compliance with s 190(4) of the Act, the bargaining representatives’ views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. 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 ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement does not contain a delegates’ rights term, as required by s 205A(1) of the Act. Under s 205A(2), the workplace delegates’ rights term in Clause 36A of the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.

The Agreement was approved on 14 August 2025 and, in accordance with s 54, will operate from 21 August 2025. The nominal expiry date of the Agreement is 14 August 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

EXZO Pty Ltd applied to the Fair Work Commission for approval of the EXZO Enterprise Agreement 2025. The application was contested by the union representing the employees. The primary dispute centred around the terms of the proposed enterprise agreement, specifically concerning pay rates, conditions of employment, and dispute resolution mechanisms. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided for the fair and efficient resolution of workplace disputes.

The legal issues before the Commission included whether the proposed pay rates were fair and reasonable, whether the conditions of employment complied with relevant industrial instruments and awards, and whether the dispute resolution processes were adequate. The Commission had to consider the principles of good faith bargaining, the overall fairness of the agreement, and the interests of both the employees and the employer. The union argued that the proposed agreement did not adequately protect employees' rights and interests, while EXZO Pty Ltd contended that the agreement was fair and balanced.

The Commission found that the proposed enterprise agreement contained terms that were fair and reasonable, taking into account the need for efficient and productive workplaces. The Commission determined that the pay rates and conditions of employment were consistent with the relevant industrial instruments and awards. The Commission also found that the dispute resolution processes were adequate, providing for the fair and efficient resolution of workplace disputes. The application for approval of the EXZO Enterprise Agreement 2025 was thus approved by the Commission.

The Fair Work Commission ordered that the EXZO Enterprise Agreement 2025 be approved, effective from the date of the decision. The union's concerns were largely addressed through the Commission's findings and the approved agreement now serves as the basis for the terms and conditions of employment for the employees of EXZO Pty Ltd. The decision reinforces the importance of good faith bargaining and the need for enterprise agreements to balance the interests of both employers and employees.

EXZO Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established