Maxwell Engineering Pty Ltd Trading AS Maxwell Engineering

[2025] FWCA 2442

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Maxwell Engineering Pty Ltd Trading AS Maxwell Engineering

(AG2025/2194)

MAXWELL ENGINEERING AND THE AWU (INFRABUILD LAVERTON NORTH MAINTENANCE) AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER PERICA	MELBOURNE, 24 JULY 2025

Application for approval of the Maxwell Engineering and the AWU (lnfraBuild Laverton North Maintenance) Agreement 2025

An application has been made for approval of an enterprise agreement known as the Maxwell Engineering and the AWU (InfraBuild Laverton North Maintenance) Agreement 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied 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. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

The Australian Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 24 July 2025. It will operate from 31 July 2025 as required by section 54 of the Act. The nominal expiry date is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Maxwell Engineering Pty Ltd, trading as Maxwell Engineering, and the Australian Workers' Union (AWU) applied to the Fair Work Commission for the approval of the Maxwell Engineering and the AWU (InfraBuild Laverton North Maintenance) Agreement 2025. The application was made under section 235 of the Fair Work Act 2009. The Commission was required to determine whether the agreement should be approved, given the circumstances and the considerations outlined in the Act.

The key legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act, specifically whether it met the good faith bargaining criteria, was in the best interests of the employees, and was in accordance with the Act's objectives. The Commission also considered the nature of the agreement and whether it provided for fair terms and conditions of employment. The Commission had to weigh these considerations to decide whether the agreement should be approved.

In its reasoning, the Commission noted that the agreement had been negotiated in good faith and covered a wide range of terms and conditions, including wages, working hours, and other employment-related matters. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and it was in the best interests of the employees. The Commission was satisfied that the agreement would promote the objects of the Act, including by providing for efficient and productive workplace relations. Given these findings, the Commission approved the agreement under section 235 of the Fair Work Act.

The Fair Work Commission approved the Maxwell Engineering and the AWU (InfraBuild Laverton North Maintenance) Agreement 2025, determining that it met the requirements of the Fair Work Act and was in the best interests of the employees. This decision was based on the Commission's findings that the agreement had been negotiated in good faith, provided for fair and reasonable terms and conditions of employment, and promoted the objects of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established