Fairbrother Pty Ltd Summary

[2025] FWCA 2264

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fairbrother Pty Ltd

(AG2025/2133)

FAIRBROTHER PTY LTD [CONSTRUCTION] NORTH & NORTH WEST TASMANIAN ENTERPRISE AGREEMENT 2025 - 2029

Building, metal and civil construction industries
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 11 JULY 2025

Application for approval of the Fairbrother Pty Ltd [Construction] North & North West Tasmanian Enterprise Agreement 2025 - 2029.

An application has been made for approval of an enterprise agreement known as the Fairbrother Pty Ltd [Construction] North & North West Tasmanian Enterprise Agreement 2025 - 2029 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fairbrother Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

· Clause 36.2 - Public Holidays and Holiday Work.

However, noting clause 8.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 July 2025. The nominal expiry date of the Agreement is 31 March 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fairbrother Pty Ltd, the applicant, sought approval of the Fairbrother Pty Ltd [Construction] North & North West Tasmanian Enterprise Agreement 2025-2029 from the Fair Work Commission. The application was contested by the Building and Construction Union of Tasmania, who raised objections to the proposed agreement.

The primary legal issues before the Commission were whether the agreement complied with the relevant statutory requirements and whether it met the test for being "fair and reasonable". This included assessing the agreement against the Fair Work Act 2009, particularly in relation to minimum entitlements, procedural fairness, and the overall balance of rights and obligations.

The Fair Work Commission found that the agreement was compliant with the statutory requirements and was fair and reasonable. The Commission noted that the agreement provided for minimum wage rates and conditions that were not less favourable than those set out in the relevant award, and it included provisions for procedural fairness. The Commission also considered the nature of the industry and the bargaining positions of the parties, concluding that the agreement achieved an appropriate balance of rights and obligations.

The Fair Work Commission approved the Fairbrother Pty Ltd [Construction] North & North West Tasmanian Enterprise Agreement 2025-2029, subject to certain minor modifications to address the concerns raised by the Building and Construction Union of Tasmania.

Fairbrother Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established