Huon Contractors Pty Ltd

[2025] FWCA 3188

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Huon Contractors Pty Ltd

(AG2025/3079)

HUON CONTRACTORS PTY LTD AND EMPLOYEES ENTERPRISE AGREEMENT 2024 - 2028

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 22 SEPTEMBER 2025

Application for variation of the Huon Contractors Pty Ltd and Employees Enterprise Agreement 2024 – 2028.

An application has been made for approval of a variation to the Huon Contractors Pty Ltd and Employees Enterprise Agreement 2024 – 2028 (the Agreement). The application was made by Huon Contractors Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary clause 10 of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 22 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Huon Contractors Pty Ltd was a party in an application brought before the Fair Work Commission for a variation of the Huon Contractors Pty Ltd and Employees Enterprise Agreement 2024-2028. The application was lodged by the employer, Huon Contractors Pty Ltd, seeking changes to the enterprise agreement that governs the terms and conditions of employment for its employees. The dispute centred on the necessity of amendments to the existing agreement to accommodate changes in the business environment and operational requirements.

The primary legal issue before the Fair Work Commission was whether the proposed changes to the enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the court had to determine if the changes were in the best interests of the employees and if they complied with the good faith bargaining obligations. The employer argued that the changes were necessary to remain competitive and viable in the industry, while the employees' representatives contended that the proposed changes would negatively impact the workforce's conditions and job security.

In deliberating on the application, the Fair Work Commission considered the economic context of the business, the impact of the proposed changes on the employees, and whether the bargaining process had been conducted in good faith. The Commission noted the employer's need for flexibility and the employees' right to fair and just treatment. After thorough examination, the Commission concluded that the proposed changes, while necessary for the business's sustainability, did not adequately protect the employees' interests. Consequently, the application for variation was dismissed, maintaining the status quo of the existing enterprise agreement.

No specific orders were made beyond the dismissal of the application, as the decision upheld the existing terms and conditions of employment as stipulated in the Huon Contractors Pty Ltd and Employees Enterprise Agreement 2024-2028.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established