FSA Kerbs and Placement Pty Ltd

Case

[2025] FWCA 1477

5 MAY 2025


[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

  1. 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.

  1. 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.

  1. 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.

  1. 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

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