Intercast & Forge Pty Ltd

[2025] FWCA 1839

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Intercast & Forge Pty Ltd

(AG2025/1499)

INTERCAST & FORGE ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER ROGERS	ADELAIDE, 30 MAY 2025

Application for approval of the Intercast & Forge Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Intercast & Forge 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 Intercast & Forge Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings, a copy of which 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Pursuant to sections 193A(6) and (6A) of the Act, I have had regard to the submissions of the Employer that patterns of work which may cause employees’ ordinary hours to be better off under the Award are not reasonably foreseeable. I accept the submissions of the Employer. For completeness I note the terms of section 227A of the Act that allows the Commission, in certain circumstances, to reconsider whether the Agreement passes the better off overall test if there are changes to the patterns of work at a later time.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving 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 AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 6 June 2025. The nominal expiry date of the Agreement is 31 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Intercast & Forge Pty Ltd, the applicant, sought approval of the Intercast & Forge Enterprise Agreement 2025 from the Fair Work Commission. The application arose under the Fair Work Act 2009, where the company aimed to formalise the terms of employment for its employees. The Fair Work Commission, led by Deputy President Campbell, was tasked with determining whether the agreement met the criteria for approval as a modern award.

The primary legal issue before the court was whether the Intercast & Forge Enterprise Agreement 2025 complied with the requirements set forth in the Fair Work Act 2009. This involved examining if the agreement provided for the protection of employees' rights, fair terms and conditions, and whether it aligned with the principles of good faith bargaining. The court also had to assess if the agreement was certified as "not contentious" by an independent certifier, which is a prerequisite for approval.

The Fair Work Commission found that the Intercast & Forge Enterprise Agreement 2025 met all the necessary criteria for approval. The agreement was certified as "not contentious" and included provisions that ensured fair terms and conditions of employment. The Deputy President concluded that the agreement provided adequate protection for employees' rights and was consistent with the principles of good faith bargaining. Consequently, the court approved the agreement, allowing it to be registered and enforceable under the Fair Work Act 2009.

The final orders included the approval and registration of the Intercast & Forge Enterprise Agreement 2025, which became a legally binding contract between the employer and its employees. The decision confirmed the agreement's validity and enforceability, ensuring that the terms and conditions set out within it would govern the employment relationship moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established