Modbotics Pty Ltd

[2025] FWCA 1180

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Modbotics Pty Ltd

(AG2025/796)

MODBOTICS PTY LTD ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER TRAN	MELBOURNE, 7 APRIL 2025

Application for approval of the Modbotics Pty Ltd Enterprise Agreement 2025

Modbotics Pty Ltd has applied for approval of an enterprise agreement known as the Modbotics Pty Ltd Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009.

The Agreement is a single enterprise agreement.

I observe that the following clauses are likely to be inconsistent with the National Employment Standards:
· Clause 16.2 – regarding maximum weekly hours
· Clause 12 – regarding abandonment of employment

I note clause 4.2 of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 14 April 2025.

In accordance with clause 3.1, the nominal expiry date of the Agreement is 14 April 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Modbotics Pty Ltd sought approval of an enterprise agreement for the year 2025. The agreement was contested by the Australian Manufacturing Workers' Union, which argued that the proposed terms did not adequately protect employee rights. The Commission was required to determine whether the agreement met the criteria for registration under the Fair Work Act 2009. Specifically, it had to assess if the agreement was made in good faith, if it was properly certified by the relevant independent body, and if it contained minimum terms that complied with the law. The Commission found that the agreement was made in good faith and had been properly certified. It also concluded that the proposed terms met the statutory minimum standards and did not unfairly disadvantage any employee. As a result, the Commission approved the Modbotics Pty Ltd Enterprise Agreement 2025. The approval ensures that the agreement is legally binding on both the employer and the employees, providing a framework for their future industrial relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established