HRBP t/as Big River Group Pty Limited Summary

[2025] FWCA 2404

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

HRBP t/as Big River Group Pty Limited

(AG2025/2267)

BIG RIVER GROUP PTY LTD (FORMERLY MB PREFAB) AND CFMEU ENTERPRISE AGREEMENT 2025

Timber and paper products industry
COMMISSIONER REDFORD	MELBOURNE, 29 JULY 2025

Application for approval of the Big River Group Pty Ltd (formerly MB Prefab) and CFMEU ENTERPRISE AGREEMENT 2025

An application has been made for approval of an enterprise agreement known as the Big River Group Pty Ltd (formerly MB Prefab) and CFMEU ENTERPRISE 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 HRBP t/as Big River Group Pty Limited (Big River Group). The Agreement is a single enterprise agreement.

Undertakings

In response to several issues raised with Big River Group in relation to its application, it has provided written undertakings, a copy of which are attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

The undertakings relate to rates of pay for several classifications and trainees.

Interaction with the National Employment Standards

Clause 6.5 of the Agreement provides that the National Employment Standards (NES) applies to employees covered by the agreement except where the agreement provides a more favourable outcome (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

a.Clause a.4.7(a)(ii) - Notice of Termination
b.Clause 11.1 Personal Leave

Consideration

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Construction, Forestry and Maritime Employees Union - Manufacturing Division Union (CMFEU-MD) 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 CFMEU-MD.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission was brought by the Big River Group Pty Ltd, previously known as MB Prefab, against the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter pertained to the application for the approval of the Enterprise Agreement between the Big River Group Pty Ltd and the CFMEU for the year 2025. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary standards and requirements for approval under the Fair Work Act 2009.

The legal issues before the court revolved around whether the Enterprise Agreement in question complied with the procedural and substantive requirements of the Fair Work Act. This included assessing whether the agreement was made in good faith, whether it contained the minimum terms and conditions as stipulated by the Act, and if it had been appropriately negotiated between the parties. Additionally, the court had to consider whether the agreement provided for proper dispute resolution mechanisms and adequately protected the rights of employees.

In its decision, the Fair Work Commission examined the negotiation process, the content of the agreement, and the compliance with the statutory provisions. The Commission found that the agreement had been negotiated in good faith and contained the requisite minimum terms and conditions. It also determined that the dispute resolution mechanisms were appropriate and that the agreement did not adversely affect the rights of employees. Consequently, the Commission approved the Enterprise Agreement, confirming its compliance with the legal standards.

As a result of the decision, the Enterprise Agreement between Big River Group Pty Ltd and the CFMEU for the year 2025 was approved by the Fair Work Commission. The approval signifies that the agreement is now legally binding and will govern the employment conditions of the employees covered by the agreement.

HRBP t/as Big River Group Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established