Koppen Construction Pty Ltd

[2025] FWCA 3142

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Koppen Construction Pty Ltd

(AG2025/2745)

KOPPEN CONSTRUCTION PTY LTD EMPLOYMENT ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER P RYAN	SYDNEY, 18 SEPTEMBER 2025

Application for approval of the Koppen Construction Pty Ltd Employment Enterprise Agreement 2025

Koppen Construction Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Koppen Construction Pty Ltd Employment Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer 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.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 25 September 2025. The nominal expiry date of the Agreement is 18 September 2029.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application for approval of the Koppen Construction Pty Ltd Employment Enterprise Agreement 2025. The applicant, Koppen Construction, sought to have the agreement approved under the Fair Work Act 2009. The agreement was entered into between Koppen Construction and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The primary dispute was whether the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations 2009.

The legal issues before the Commission were whether the agreement provided for the fair treatment of employees, including minimum wages, conditions, and entitlements, and whether it met the procedural requirements for approval. The Commission needed to assess if the agreement was genuinely negotiated, contained the necessary provisions for employee representation, and if it adhered to the principles of the Fair Work Act. The Commission also had to determine if the agreement was consistent with the provisions for modern awards and if it provided for the effective resolution of workplace disputes.

The Commission found that the agreement was genuinely negotiated and met the requirements of the Fair Work Act. The agreement provided for fair wages and conditions, including minimum rates of pay and entitlements, and included provisions for employee representation and dispute resolution. The Commission was satisfied that the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations. The Commission approved the agreement, noting that it provided for the fair treatment of employees and met the necessary procedural requirements for approval.

The Fair Work Commission approved the Koppen Construction Pty Ltd Employment Enterprise Agreement 2025, effective from 1 July 2025. The agreement will apply to employees of Koppen Construction and will provide for their wages, conditions, and entitlements until the next agreement is entered into or until it is terminated in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established