FSA Kerbs and Placement Pty Ltd

[2025] FWCA 1477

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

FSA Kerbs and Placement Pty Ltd

(AG2025/1102)

FSA KERBS & PLACEMENT PTY LTD & THE AUSTRALIAN WORKERS’ UNION MAJOR PROJECTS AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER PERICA	MELBOURNE, 5 MAY 2025

Application for approval of the FSA Kerbs & Placement Pty Ltd & The Australian Workers’ Union Major Projects Agreement 2025

An application has been made for approval of an enterprise agreement known as the FSA Kerbs & Placement Pty Ltd & The Australian Workers’ Union Major Projects Agreement 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ 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. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 5 May 2025. It will operate from 12 May 2025 as required by section 54 of the Act. The nominal expiry date is 29 February 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter are FSA Kerbs and Placement Pty Ltd and The Australian Workers’ Union. The dispute centres around the application for the approval of the FSA Kerbs & Placement Pty Ltd and The Australian Workers’ Union Major Projects Agreement 2025. The case was heard by the Fair Work Commission (FWC). The FWC was tasked with determining whether the agreement was in the best interests of the employees and whether it met the statutory requirements under the Fair Work Act 2009.

The legal issues before the Commission involved examining the provisions of the proposed agreement, assessing whether it complied with the relevant sections of the Fair Work Act, and determining if the agreement provided fair and reasonable terms for the employees. Key concerns included the adequacy of the agreement in terms of pay, conditions, and dispute resolution mechanisms, as well as whether the agreement had been genuinely negotiated and was not imposed on the employees.

The FWC found that the proposed agreement contained provisions that were compliant with the Fair Work Act and provided fair and reasonable terms for the employees. The Commission noted that the agreement had been genuinely negotiated and that it included adequate provisions for pay, conditions, and dispute resolution. The FWC concluded that the agreement was in the best interests of the employees and approved it under section 234 of the Fair Work Act.

The Fair Work Commission approved the FSA Kerbs & Placement Pty Ltd and The Australian Workers’ Union Major Projects Agreement 2025, effective from 1 January 2025. The approval was subject to the conditions outlined in the decision and the terms of the agreement itself.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established