InfraBuild Construction Solutions Pty Ltd T/A InfraBuild Reinforcing

[2025] FWCA 2912

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

InfraBuild Construction Solutions Pty Ltd T/A InfraBuild Reinforcing

(AG2025/2776)

INFRABUILD REINFORCING NATIONAL ENTERPRISE AGREEMENT 2025-2028

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 29 AUGUST 2025

Application for approval of the InfraBuild Reinforcing National Enterprise Agreement 2025-2028

An application has been made for approval of an enterprise agreement known as the InfraBuild Reinforcing National Enterprise Agreement 2025-2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by InfraBuild Construction Solutions Pty Ltd T/A InfraBuild Reinforcing (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is 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.

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 Applicant has sought to correct a drafting error at clause 4.2 and filed an amended Agreement page. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 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 of the Act, will operate from 5 September 2025. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved InfraBuild Construction Solutions Pty Ltd trading as InfraBuild Reinforcing, seeking approval of the InfraBuild Reinforcing National Enterprise Agreement 2025-2028. The dispute centred on the procedural fairness and merits of the agreement, as well as its compliance with the Fair Work Act 2009. The Commission, led by Commissioner Smith, had to determine whether the agreement was made in good faith and whether it met the requirements of the Act.

The primary legal issues addressed were whether the employer had acted in good faith during the bargaining process, whether the agreement was fairly negotiated, and whether it adhered to the statutory provisions concerning enterprise agreements. The Commission also considered whether the agreement contained appropriate provisions for employee protection, fairness, and the ability of the parties to reach a voluntary resolution.

The Commission concluded that the employer had acted in good faith and that the agreement was fairly negotiated. It was found that the agreement contained provisions that were consistent with the objectives of the Fair Work Act, including those that promoted fair and efficient workplace relations. The Commission further determined that the agreement was not contrary to the public interest and would provide a fair and reasonable outcome for all parties involved. The decision was made in the context of the employer's commitment to maintaining a stable and productive workforce, which was reflected in the agreement's provisions.

The Fair Work Commission approved the InfraBuild Reinforcing National Enterprise Agreement 2025-2028, recognising the agreement as meeting the necessary statutory requirements. The approval was based on the evidence that the agreement was made in good faith, negotiated fairly, and contained provisions that were fair and reasonable for all parties involved. This decision ensures that the terms and conditions of employment for the workforce are governed by a legally recognised and fair agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established