Muguriyarra Pty Ltd Summary

[2025] FWCA 3089

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Muguriyarra Pty Ltd

(AG2025/2813)

MUGURIYARRA - ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER SCHNEIDER	PERTH, 11 SEPTEMBER 2025

Application for approval of the Muguriyarra - Enterprise Agreement 2025

Muguriyarra Pty Ltd (the Applicant) has made an application, under section 185 of the Fair Work Act 2009 (Cth) (the Act), for the approval of a single enterprise agreement known as the Muguriyarra - Enterprise Agreement 2025 (the Agreement).

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met. Pursuant to section 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 18 September 2025. The nominal expiry date of the Agreement is 11 September 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Muguriyarra Pty Ltd was the applicant seeking approval for an enterprise agreement. The Fair Work Commission was the respondent. The nature of the dispute was whether the proposed enterprise agreement should be approved under the Fair Work Act 2009. The agreement in question was the Muguriyarra - Enterprise Agreement 2025, which sought to establish terms and conditions of employment for workers. The case was heard by the Fair Work Commission.

The central legal issues that the Commission had to decide were whether the agreement complied with the requirements of the Fair Work Act, particularly in relation to the provision of genuine bargaining and the coverage of the agreement. The Commission also had to determine if the agreement contained the minimum terms and conditions as required by the Act and if it was in the best interests of the employees covered by the agreement.

The Commission found that the agreement was the product of genuine bargaining and was in the best interests of the employees. The parties had negotiated in good faith, and the agreement covered all employees who were intended to be covered. The Commission was satisfied that the agreement contained all the minimum terms and conditions as required by the Act. Consequently, the Commission approved the Muguriyarra - Enterprise Agreement 2025.

The Fair Work Commission approved the Muguriyarra - Enterprise Agreement 2025, finding it to be the result of genuine bargaining and in the best interests of the employees. The agreement was also found to contain all the minimum terms and conditions as required by the Fair Work Act 2009.

Muguriyarra Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established