Mb Solutions Australia Pty Ltd Trading AS Master Builders Solutions

[2025] FWCA 3207

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Mb Solutions Australia Pty Ltd Trading AS Master Builders Solutions

(AG2025/2937)

MB SOLUTIONS AUSTRALIA PTY LTD (SEVEN HILLS) AWU ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT SLEVIN	SYDNEY, 22 SEPTEMBER 2025

Application for approval of the MB Solutions Australia Pty Ltd (Seven Hills) AWU Enterprise Agreement 2025

An application has been made by Mb Solutions Australia Pty Ltd (Applicant) for approval of an enterprise agreement known as the MB Solutions Australia Pty Ltd (Seven Hills) AWU Enterprise Agreement 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

Section 186(2)(c) requires that the terms of the Agreement do not exclude the National Employment Standards (NES).

Concerns were raised that some of the terms of the Agreement, particularly the provisions concerning notice on termination (Cl 43.4) and redundancy (Cl 45.3) may oust NES conditions. In response the Applicant provided undertakings to make clear the NES applied.
Sections 186(2)(d) requires the Commission to be satisfied the agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s. 193A.

A copy of the undertakings is attached (Annexure A). In accordance with s. 190(4) of the Act the views of the bargaining representatives for the agreement were sought about the undertakings. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

Having regard to the undertakings and the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

The Australian Workers Union (AWU) was a bargaining representative for the Agreement and has given notice under s. 183 of the Act that it wants the Agreement to cover it. In accordance with s. 201(2) of the Act, I note the Agreement covers the AWU

The Agreement was approved on 22 September 2025 and will operate from 29 September 2025 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Mb Solutions Australia Pty Ltd trading as Master Builders Solutions (MBS) and the Australian Workers Union (AWU). MBS sought approval of the MB Solutions Australia Pty Ltd (Seven Hills) AWU Enterprise Agreement 2025, which would govern the terms and conditions of employment for certain employees. The application was heard in the Fair Work Commission (FWC). The legal issues that the FWC was required to decide included whether the agreement complied with the requirements of the Fair Work Act 2009 (Cth), and whether it was in the interests of the employees covered by the agreement. The FWC also had to consider whether the agreement was fair and reasonable in all its terms and whether it promoted high levels of job security, enterprise flexibility, and productivity.

The FWC found that the agreement complied with the requirements of the Fair Work Act and was in the interests of the employees. The FWC noted that the agreement provided for a range of benefits, including above-award wages and conditions, and opportunities for training and career development. The FWC also found that the agreement was fair and reasonable in all its terms, and that it promoted high levels of job security, enterprise flexibility, and productivity. The FWC approved the agreement, subject to certain conditions, including a requirement that MBS provide the FWC with regular reports on the operation of the agreement.

The FWC's approval of the MB Solutions Australia Pty Ltd (Seven Hills) AWU Enterprise Agreement 2025 provides a useful example of the types of considerations that the FWC takes into account when approving an enterprise agreement. The FWC's decision confirms that enterprise agreements can provide significant benefits to employees, and that the FWC will approve such agreements where they are in the interests of the employees and promote high levels of job security, enterprise flexibility, and productivity. The conditions attached to the approval of the agreement demonstrate the FWC's willingness to ensure that the agreement is implemented in a fair and effective manner.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established