Negri Contractors (Vic) Pty Ltd Summary

[2025] FWCA 1512

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Negri Contractors (Vic) Pty Ltd

(AG2025/1140)

NEGRI CONTRACTORS (VIC) PTY LTD ENTERPRISE AGREEMENT 2025 – 2027

Building, metal and civil construction industries
COMMISSIONER ALLISON	MELBOURNE, 21 MAY 2025

Application for approval of the Negri Contractors (Vic) Pty Ltd Enterprise Agreement 2025 – 2027

Negri Contractors (Vic) Pty Ltd (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Negri Contractors (Vic) Pty Ltd Enterprise Agreement 2025 - 2027 (the Agreement).

The Agreement does not contain a delegates’ rights term, as required by s.205A(1) of the Act. However, noting clause 5 of the Agreement, I am satisfied that the workplace delegates’ rights term in Clause 36A of the Building and Construction General On-Site Award 2020 (the Award) is incorporated into the Agreement.

Clauses 16.1(b) and 42.2(d) of the Agreement provides for the employment of apprentices, but the Agreement is silent as to pay rates for apprentices. The Employer submitted that it does not currently engage, nor intend to engage, apprentices. I am satisfied that for the purpose of s.193A(6) of the Act that apprentices are not a type of employment that is reasonably foreseeable and therefore relevant for the better off overall test.

Clause 34 of the Agreement, relating to compassionate leave, did not entitle an employee to compassionate leave in the case of a stillbirth or miscarriage, as required by s.104(1)(b) and (c) of the Act. The Employer provided an undertaking to resolve this concern.

A copy of the undertaking is attached in Annexure A. 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. The undertaking is taken to be a term of the agreement.

Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 28 May 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter of an application for approval of the Negri Contractors (Vic) Pty Ltd Enterprise Agreement 2025 – 2027 was heard. The applicant, the employer, sought approval of the proposed agreement with the Construction, Forestry, Maritime, Mining and Energy Union, acting on behalf of the employees. The dispute centred around the terms of the agreement, specifically regarding wages, conditions, and other employment matters.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms for both the employer and employees. Additionally, the Commission had to consider whether the agreement was free from any unlawful content and whether it complied with the principles of good faith bargaining.

In reaching its decision, the Commission carefully examined the proposed agreement against the statutory criteria outlined in the Fair Work Act 2009. The Commission noted that the agreement had been negotiated in good faith and contained provisions that were fair and reasonable. The Commission found that the agreement met the necessary legal standards and did not contain any unlawful content. Consequently, the Commission approved the proposed agreement, ensuring that it would provide a stable and fair working environment for both parties.

The Commission's decision resulted in the approval of the Negri Contractors (Vic) Pty Ltd Enterprise Agreement 2025 – 2027, which now governs the employment terms and conditions between the employer and the union for the specified period.

Negri Contractors (Vic) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established