Ireland Brown Constructions Pty Ltd

[2025] FWCA 872

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ireland Brown Constructions Pty Ltd

(AG2025/540)

IRELAND BROWN CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 13 MARCH 2025

Application for approval of the Ireland Brown Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Ireland Brown Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024-2027 (Agreement). The application was made by Ireland Brown Constructions Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The notice of employee representational rights (NERR) that was provided to employees was not in the correct form. In particular the NERR differs from the form prescribed by the Fair Work Regulations2009 (Cth)[1] in that it appears to contain the heading ‘what is an enterprise agreement?’ as opposed to ‘what is a single-enterprise agreement?’. There is also an error in in the title of the Agreement as contained in the NERR in that ‘Pty’ is missing from the name of the employer. I consider these to be minor procedural or technical errors of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the errors.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The Construction, Forestry and Maritime Employees 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

[1] Fair Work Regulations 2009 (Cth), Reg 2.05, Schedule 2.1.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Ireland Brown Constructions Pty Ltd sought approval for an enterprise agreement with the CFMEU (Victorian Construction and General Division) for the period 2024-2027. The application for approval came before the Commission, which was required to determine whether the agreement complied with the necessary legal standards for such agreements under the Fair Work Act 2009. The primary legal issues centred on whether the agreement met the requirements for being a "single enterprise agreement" as defined by the Act, whether it complied with the provisions concerning minimum entitlements, and whether it contained provisions that were contrary to the public interest or unfair.

The Commission examined the terms of the agreement in light of the statutory criteria and found that the agreement was appropriately structured as a single enterprise agreement. It further concluded that the agreement did not adversely affect the minimum entitlements of the employees covered by the agreement, as all conditions were in line with or exceeded the national safety net. The Commission also assessed the fairness of the agreement and found no provisions that were contrary to the public interest or unfair. The Commission's decision was based on a detailed analysis of the agreement's provisions and their alignment with the statutory requirements.

Accordingly, the Commission approved the enterprise agreement, confirming that it met all the necessary legal standards. The approval was based on the Commission's determination that the agreement was a single enterprise agreement, did not compromise the minimum entitlements of the employees, and contained no unfair or contrary to public interest provisions. The final orders of the Commission were to approve the enterprise agreement as submitted by the applicant and the respondent.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established