Koppens Developments Pty Ltd Summary

[2025] FWCA 3143

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Koppens Developments Pty Ltd

(AG2025/2746)

KOPPENS DEVELOPMENTS PTY LTD EMPLOYMENT ENTERPRISE AGREEMENT 2025

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

Application for approval of the Koppens Developments Pty Ltd Employment Enterprise Agreement 2025

Koppens Developments Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Koppens Developments 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

In the Fair Work Commission, Koppens Developments Pty Ltd applied for approval of the proposed employment enterprise agreement. The application was made by the employer, seeking to formalise a new agreement governing the terms and conditions of employment for its employees. The agreement was subject to scrutiny to ensure it complied with the relevant legislative and regulatory frameworks governing industrial relations in Australia.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it complied with the Fair Work Regulations 2009. Specifically, the Commission had to assess whether the agreement was a "genuine" enterprise agreement as defined by the legislation. This involved examining whether the agreement was made in good faith, was free from coercion and contained provisions that were fair and reasonable.

The Commission determined that the proposed agreement was a genuine enterprise agreement and approved it. The decision was based on the evidence presented, which showed that the agreement was made in good faith and without coercion. The Commission found that the agreement contained provisions that were fair and reasonable and met the statutory requirements. The Commission also considered the views of the employees and the employer, as well as any relevant industry benchmarks.

The Commission approved the proposed employment enterprise agreement, subject to certain conditions. The agreement will now be registered and will apply to the employees covered by the agreement. The approval of the agreement ensures that the terms and conditions of employment are formalised and can be enforced by both the employer and the employees. The decision provides certainty and stability to the workplace and helps to maintain harmonious industrial relations.

Koppens Developments Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established