Fugen Constructions Pty Limited

[2025] FWCA 3421

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fugen Constructions Pty Limited

(AG2025/3400)

FUGEN CONSTRUCTIONS PTY LIMITED ENTERPRISE AGREEMENT 2025 - 2029

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 13 OCTOBER 2025

Application for approval of the Fugen Constructions Pty Limited Enterprise Agreement 2025 - 2029

Fugen Constructions Pty Limited has applied for approval of a single enterprise agreement known as the Fugen Constructions Pty Limited Enterprise Agreement 2025 - 2029 (the Agreement).

On the papers and having regard to the Statement of Principles,[1] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 20 October 2025. The nominal expiry date of the Agreement is 13 October 2029.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fugen Constructions Pty Limited recently appeared before the Fair Work Commission, seeking approval of its proposed enterprise agreement for the period 2025 to 2029. The applicant, Fugen Constructions, is an employer in the construction industry, and the agreement in question pertains to its employees. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly regarding the procedural fairness and the adequacy of the terms and conditions provided for the employees.

The primary legal issue before the Commission was whether the process followed in negotiating and finalising the agreement was fair and appropriate, and if the terms themselves were reasonable and in line with the statutory requirements. Specifically, the Commission had to examine whether the employer had genuinely bargained with the employees' representatives and if the agreement provided fair and reasonable terms and conditions for the employees. Additionally, the Commission considered whether the agreement appropriately balanced the interests of both the employer and the employees.

After thorough examination of the evidence and submissions, the Commission found that the employer had genuinely bargained with the employees' representatives and that the process followed was fair and appropriate. The Commission also determined that the terms and conditions of the agreement were fair and reasonable, striking an appropriate balance between the interests of the employer and the employees. Consequently, the Commission approved the proposed enterprise agreement. The Commission's decision was based on the evidence presented and the understanding that the agreement met the statutory requirements under the Fair Work Act 2009.

The final orders of the Commission were that the Fugen Constructions Pty Limited Enterprise Agreement 2025 - 2029 be approved as a certified agreement, effective from the date of the decision. This approval ensures that the agreement can be registered and enforced, providing a stable and predictable framework for the employment relationship between the employer and the employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established