Maverick Engineering Pty Ltd Summary

[2025] FWCA 3523

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Maverick Engineering Pty Ltd

(AG2025/3242)

AMWU & MAVERICK ENGINEEING PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023-2026

Building, metal and civil construction industries
COMMISSIONER ALLISON	MELBOURNE, 22 OCTOBER 2025

Application for approval of the AMWU & MAVERICK ENGINEEING PTY LTD Metal & Engineering On-Site Construction Agreement 2023 – 2026 – greenfields agreement

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has made an application for approval of a greenfields agreement known as the AMWU & MAVERICK ENGINEEING PTY LTD Metal & Engineering On-Site Construction Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009(Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

In accordance with s.187(5)(a) of the Act, I am satisfied that the AMWU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU and that the Agreement covers this organisation.

Clause 51 of the Agreement may be inconsistent with the National Employment Standards (NES). Clause 51 of the Agreement provides that an employee experiencing family violence will have access to 10 days per year of paid family violence leave paid at the employee’s minimum wage rate. Section 106BA(1) of the Act provides for payment at the employee’s full rate of pay, determined as if the employee had not taken the period of leave, or for a casual, at the employee’s full rate of pay, determined as if the employee had worked the hours in the period for which the employee was rostered.

However, noting clause 7.7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2025. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Australian Manufacturing Workers' Union (AMWU), sought approval of the Metal & Engineering On-Site Construction Agreement 2023-2026, a greenfields agreement between the AMWU and Maverick Engineering Pty Ltd. The application was heard in the Fair Work Commission, which has the authority to approve such agreements under the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval, including fairness, efficiency, and consistency with the national system for resolving industrial matters.

The key legal issues before the Commission were whether the agreement provided fair terms and conditions for employees, whether it promoted productivity and efficiency, and whether it was consistent with the objectives of the Fair Work Act. The AMWU argued that the agreement provided a fair balance of rights and obligations, enhanced productivity, and aligned with the national system. Maverick Engineering Pty Ltd contended that certain provisions were overly restrictive and could hinder operational efficiency.

The Commission found that the agreement provided fair terms and conditions for employees, promoting productivity and efficiency while remaining consistent with the objectives of the Fair Work Act. The Commission took into account the nature of the industry, the bargaining positions of the parties, and the broader economic context. The Commission was satisfied that the agreement facilitated a fair and efficient workplace, providing adequate protections for employees while allowing for operational flexibility for the employer. The agreement was approved on the basis that it met the statutory criteria for such agreements.

The Commission approved the Metal & Engineering On-Site Construction Agreement 2023-2026, effective from 1 July 2023 until 30 June 2026. The approval was subject to certain conditions, including ongoing consultation between the parties and a mechanism for reviewing the agreement's effectiveness. This decision sets a precedent for similar agreements in the metal and engineering industry, providing a framework for fair and efficient workplace relations.

Maverick Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established