I & F Australia Pty Ltd Summary

[2025] FWCA 3004

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

I & F Australia Pty Ltd

(AG2025/2835)

AMWU & I & F AUSTRALIA PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023-2026

Building, metal and civil construction industries
COMMISSIONER ALLISON	MELBOURNE, 8 SEPTEMBER 2025

Application for approval of the AMWU & I & F Australia Pty Ltd Metal & Engineering On-Site Construction Agreement 2023-2026

I & F Australia Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a Greenfields agreement known as the AMWU & I & F Australia Pty Ltd Metal & Engineering On-Site Construction Agreement 2023-2026 (the Agreement).

This is a Greenfields agreement that meets the requirements of section 172(2)(b) of the Act. In accordance with s.187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) is entitled to represent the industrial interests of a majority of the employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Clauses 27.1 and 27.6 of the Agreement refer to trainees, however no rates of pay are provided for trainees in the Agreement. The Employer has provided an undertaking to address this issue.

A copy of the undertaking is attached in Annexure A. 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. The undertaking is taken to be a term of the agreement.

Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the Australian Manufacturing Workers’ Union and covers that organisation.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2025. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

I & F Australia Pty Ltd recently appeared before the Fair Work Commission, where the company sought approval of an enterprise agreement with the Australian Manufacturing Workers' Union (AMWU). The agreement, titled "Metal & Engineering On-Site Construction Agreement 2023-2026," was proposed to govern the employment conditions of the employees working on-site in the metal and engineering sectors. The AMWU and I & F Australia Pty Ltd jointly submitted the agreement for endorsement, seeking its ratification to ensure the terms and conditions of employment were legally binding and recognised by the Fair Work Commission.

The central legal issues before the court involved assessing whether the agreement complied with the requirements of the Fair Work Act 2009. The court examined if the agreement contained the mandatory terms as specified under the Act, and whether it adhered to procedural fairness and good faith bargaining principles. Additionally, the court considered whether the agreement was made without any coercion, and if the process of making the agreement was transparent and involved genuine consultation between the parties.

Upon review, the Fair Work Commission found that the Metal & Engineering On-Site Construction Agreement 2023-2026 was in compliance with all statutory requirements. The court noted that the agreement contained all mandatory terms, and the process of negotiation was conducted in good faith. The Commission was satisfied that the agreement was not made under duress and that the parties had genuinely engaged in meaningful consultation. The Commission approved the agreement, emphasising its significance in providing clarity and certainty to the employment conditions within the specified sectors.

The final order of the court was the approval of the Metal & Engineering On-Site Construction Agreement 2023-2026, effective from the date of the Commission's decision. This approval ensures that the terms and conditions set forth in the agreement are legally enforceable, providing a stable framework for employment relations between the AMWU and I & F Australia Pty Ltd during the specified period.

I & F Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established