Infrabuild Construction Solutions Pty Ltd Trading AS Infrabuild Mesh

[2025] FWCA 1900

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Infrabuild Construction Solutions Pty Ltd Trading AS Infrabuild Mesh

(AG2025/1602)

INFRABUILD MESH NSW ENTERPRISE AGREEMENT 2025 - 2027

Manufacturing and associated industries
DEPUTY PRESIDENT SLEVIN	SYDNEY, 6 JUNE 2025

Application for approval of the Infrabuild Mesh NSW Enterprise Agreement 2025 - 2027

An application has been made by Infrabuild Construction Solutions Pty Ltd (Applicant) for approval of an enterprise agreement known as the Infrabuild Mesh NSW Enterprise Agreement 2025 - 2027 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

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

The Agreement was approved on 6 June 2025 and will operate from 13 June 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Infrabuild Construction Solutions Pty Ltd, trading as Infrabuild Mesh, applied for approval of the Infrabuild Mesh NSW Enterprise Agreement 2025-2027 under the Fair Work Act 2009. The dispute involved the agreement's proposed terms and conditions, which were contested by certain stakeholders. The application was heard in the Fair Work Commission, the tribunal responsible for assessing and approving enterprise agreements under Australian labour law.

The primary legal issue the Fair Work Commission had to address was whether the proposed agreement met the requirements set forth in the Fair Work Act, specifically section 231, which outlines the criteria for approving an enterprise agreement. This included examining whether the agreement provided for minimum rates of pay, conditions, and entitlements that were at least as favourable as the relevant industrial instrument or, in the absence of one, the national system of wages and conditions. Additionally, the Commission needed to determine whether the agreement complied with the procedural requirements, such as ensuring proper notification and consultation processes were followed.

After reviewing the application and the evidence provided, the Fair Work Commission determined that the Infrabuild Mesh NSW Enterprise Agreement 2025-2027 met all statutory requirements. The agreement was found to offer terms and conditions that were at least as favourable as the national system of wages and conditions and provided for appropriate minimum standards. Furthermore, the Commission was satisfied that the necessary consultation and notification processes were adhered to. Consequently, the Fair Work Commission approved the agreement, finding it to be in compliance with the Act.

No further orders were made by the Commission beyond the approval of the enterprise agreement. The decision affirmed the agreement's validity and enforceability, allowing it to take effect as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established