Mainstream Industries Pty Ltd Summary

[2025] FWCA 1994

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mainstream Industries Pty Ltd

(AG2025/1566)

MAINSTREAM INDUSTRIES PTY LIMITED ENTERPRISE AGREEMENT 2025

Cleaning services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 JUNE 2025

Application for approval of the Mainstream Industries Pty Limited Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Mainstream Industries Pty Limited Enterprise Agreement 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 June 2025. The nominal expiry date of the Agreement is 16 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Mainstream Industries Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The application involved various terms and conditions of employment, including pay rates, working hours, and dispute resolution mechanisms. The dispute arose due to disagreements between the company and the employees' union regarding the proposed terms. The Fair Work Commission was tasked with reviewing the agreement and determining whether it met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act. This included assessing whether the agreement provided for minimum entitlements, contained provisions that were not contrary to public policy, and did not discriminate against any group of employees. The Commission also had to consider whether the agreement had been fairly negotiated and if it included appropriate dispute resolution mechanisms.

The Commission found that the proposed agreement generally complied with the requirements of the Fair Work Act. It concluded that the agreement provided for minimum entitlements, did not contravene public policy, and did not discriminate against any group of employees. The Commission also determined that the agreement had been fairly negotiated and included adequate dispute resolution mechanisms. Based on these findings, the Commission approved the Mainstream Industries Pty Limited Enterprise Agreement 2025.

The Fair Work Commission approved the Mainstream Industries Pty Limited Enterprise Agreement 2025, effective from 1 July 2025. The Commission ordered that the agreement be registered with the Fair Work Ombudsman and that it would be binding on all employees covered by the agreement. The decision confirmed the validity of the proposed terms and conditions of employment, subject to the specific provisions outlined in the approved agreement.

Mainstream Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established