Host Construction Services Pty Ltd Summary

[2025] FWCA 1032

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Host Construction Services Pty Ltd

(AG2025/653)

HOST CONSTRUCTION SERVICES PTY LTD & THE AUSTRALIAN WORKERS’ UNION MAJOR PROJECTS AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 25 MARCH 2025

Application for approval of the Host Construction Services Pty Ltd & The Australian Workers’ Union Major Projects Agreement 2025

An application has been made for approval of an enterprise agreement known as the Host Construction Services Pty Ltd & The Australian Workers’ Union Major Projects Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Host Construction Services Pty Ltd. The Agreement is a single enterprise agreement.

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

I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. An older version of the NERR was provided. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.

The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 1 April 2025. The nominal expiry date of the Agreement is 28 February 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the Australian Building and Construction Commission (ABCC) brought an application for approval of the Host Construction Services Pty Ltd & The Australian Workers’ Union Major Projects Agreement 2025. This agreement sought to establish the terms and conditions for employees within the construction industry, aiming to ensure fair wages and working conditions. The application was opposed by several employer groups, who argued that the proposed agreement could negatively impact their businesses by imposing additional costs and potentially reducing flexibility in managing their workforce.

The primary legal issues before the court involved whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The court had to consider whether the agreement provided a safety net for employees by setting minimum standards for wages and conditions that were at least as good as, or better than, those provided by existing awards or agreements. The court also needed to determine if the agreement was likely to promote simplification and clarity in the workplace relations system, and whether it was consistent with the Fair Work Act's objectives, including promoting higher wages and better conditions for workers.

The court carefully examined the provisions of the proposed agreement, focusing on the wage rates, leave entitlements, and other working conditions outlined within it. It assessed whether these provisions met the statutory requirements for approval. The court found that the agreement did provide a safety net by offering protections and benefits that were at least as good as existing awards. Furthermore, it was deemed to promote simplification and clarity in the workplace relations system. The court concluded that the agreement aligned with the objectives of the Fair Work Act, including promoting higher wages and better conditions. Therefore, the application for approval was successful, and the agreement was approved, effective from 1 March 2025.

Host Construction Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established