Hickory Building Systems Pty Ltd

[2025] FWCA 1724

[2025] FWCA 1724

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hickory Building Systems Pty Ltd

(AG2025/1175)

HICKORY BUILDING SYSTEMS PTY LTD OFFSITE MODULAR AGREEMENT 2025-2029

Manufacturing and associated industries
COMMISSIONER CONNOLLY	MELBOURNE, 27 MAY 2025

Application for approval of the Hickory Building Systems Pty Ltd Offsite Modular Agreement 2025-2029

1. An application has been made for approval of an enterprise agreement known as the Hickory Building Systems Pty Ltd Offsite Modular Agreement 2025-2029 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Hickory Building Systems Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 28 April 2025.

1. The notification time for the Agreement under s.173(2) was 14 March 2025 and the Agreement was made on 7 April 2025. Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1]

1. On 7 May 2025, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.

1. The Applicant has provided written undertakings, dated 14 May 2025, and a copy is attached in Annexure A. No bargaining representatives were appointed.

1. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

1. I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 27 May 2029.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

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