Modscape Residential Pty Ltd

Case [2025] FWCA 723
[2025] FWCA 723

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Modscape Residential Pty Ltd

(AG2025/335)

MODSCAPE RESIDENTIAL PTY LTD ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries

COMMISSIONER PERICA

MELBOURNE, 25 FEBRUARY 2025

Application for approval of the Modscape Residential Pty Ltd Enterprise Agreement 2025

  1. An application has been made for approval of an enterprise agreement known as the Modscape Residential Pty Ltd Enterprise 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.

  1. I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

  1. The Agreement is approved today 25 February 2025. It will operate from 4 March 2025 as required by section 54 of the Act. The nominal expiry date is 25 February 2029.

COMMISSIONER

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<AE528164  PR784732>

Details
AGLC
Modscape Residential Pty Ltd [2025] FWCA 723
Case
[2025] FWCA 723
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, Modscape Residential Pty Ltd applied for the approval of the Modscape Residential Pty Ltd Enterprise Agreement 2025. The application was brought by the Australian Building and Construction Commission, which is the relevant party seeking the agreement's approval. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement and whether they met the requirements of the Fair Work Act 2009. The legal issues that the Commission was required to decide were whether the agreement provided for the terms and conditions of employment in a fair and reasonable manner, and whether it complied with the relevant provisions of the Fair Work Act.

The Commission examined the agreement in detail, considering the various terms and conditions it proposed. The Commission noted that the agreement had been negotiated in good faith between the parties and that it contained provisions that were consistent with the relevant industry standards. The Commission was satisfied that the agreement provided for the terms and conditions of employment in a fair and reasonable manner and that it complied with the relevant provisions of the Fair Work Act. The Commission approved the Modscape Residential Pty Ltd Enterprise Agreement 2025, noting that it provided for a fair and reasonable set of terms and conditions of employment for the employees covered by the agreement. The Commission's approval of the agreement was a significant step forward for the parties involved, as it provided certainty and stability in their employment arrangements. The final orders of the Commission were that the agreement be approved as a registered agreement under the Fair Work Act.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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