Helm Pty Limited Summary

[2025] FWCA 3044

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Helm Pty Limited

(AG2025/2849)

HELM PTY LIMITED ENTERPRISE AGREEMENT 2025 –2029

Building, metal and civil construction industries
COMMISSIONER WALKADEN	SYDNEY, 9 SEPTEMBER 2025

Application for approval of the Helm Pty Limited Enterprise Agreement 2025 – 2029.

This decision concerns an application for approval of the Helm Pty Limited Enterprise Agreement 2025 – 2029 (the Agreement). The application has been made under section 185 of the Fair Work Act 2009 (the FW Act) by Helm Pty Limited (the Applicant). The Agreement is a single enterprise agreement. The Fair Work Commission must approve the Agreement if the requirements in sections 186 and 187 of the FW Act are met.

Section 205 of the FW Act requires the Agreement to include a consultation term. The Building and Construction General On-Site Award 2020 (the Award), which is incorporated into the Agreement at clause 3.4.2, includes consultation terms at clauses 37 and 38. The consultation term that is included in the Agreement and that applies are derived from clauses 37 and 38 of the Award, which are incorporated into the Agreement.

Based on the material provided by the Applicant, each of the requirements of the FW Act that are relevant to this Agreement are satisfied.

The Agreement is approved and, in accordance with section 54 of the FW Act, it will operate from 16 September 2025. The nominal expiry date of the Agreement is 8 September 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Helm Pty Limited sought approval of an enterprise agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission, with the Fair Work (Registered Organisations) Amendment (Making Work Pay) Act 2022 acting as the relevant legislative backdrop. The agreement, which was to be in effect from 2025 to 2029, was submitted for the commission's scrutiny to ensure it complied with the statutory requirements and did not unfairly disadvantage any party.

The primary legal issue before the commission was whether the enterprise agreement met the criteria set out in the Fair Work Act. Specifically, the commission had to assess if the agreement was "better off overall" for the employees, and if it did not contain any provisions that were contrary to the spirit of the Act. The commission also needed to ensure the agreement did not discriminate against any employee or group of employees and that it was negotiated in good faith.

The Fair Work Commission, after thorough examination, found that the enterprise agreement did meet the statutory criteria. The agreement provided fair terms and conditions for employees, including adequate pay and conditions that were better overall compared to the existing arrangements. The commission concluded that the agreement was negotiated in good faith and did not contain any discriminatory provisions. Consequently, the commission approved the agreement.

The Fair Work Commission approved the Helm Pty Limited Enterprise Agreement 2025 – 2029, finding it met all legal requirements and was in the best interest of the employees.

Helm Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established