Neo Construct Pty Ltd

[2025] FWCA 2268

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Neo Construct Pty Ltd

(AG2025/2087)

NEO CONSTRUCT PTY LTD ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT FAROUQUE	MELBOURNE, 9 JULY 2025

Application for approval of the Neo Construct Pty Ltd Enterprise Agreement 2025

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

Clause 4.1 of the Agreement incorporates the Workplace Delegates Rights Term in the Building and Construction General Onsite Award 2020 (the Award) by reference. The Agreement therefore meets the requirement under s 205A. A copy of cl 36A (the Award Delegates Rights Term) is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act 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 seven days after approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Neo Construct Pty Ltd Enterprise Agreement 2025. Neo Construct Pty Ltd, the employer, sought approval of the agreement with its employees. The nature of the dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Fair Work Commission was the body responsible for determining whether the agreement was eligible for registration.

The key legal issues before the Commission involved assessing whether the agreement contained all the prescribed terms required by the Fair Work Act, whether it had been made in good faith, and if it provided for a fair and reasonable method of resolving disputes. Additionally, the Commission had to determine if the agreement had been made with appropriate employee and employer representatives, and whether it complied with any relevant national employment standards.

In reaching its decision, the Commission examined the terms of the proposed agreement and the process through which it was negotiated. It found that the agreement contained all the prescribed terms and was made in good faith. The Commission also determined that the agreement provided for a fair and reasonable method of resolving disputes. Furthermore, it was satisfied that the agreement had been negotiated with appropriate representatives from both parties and complied with all relevant national employment standards. Consequently, the Commission approved the agreement, finding it eligible for registration under the Fair Work Act.

The Fair Work Commission ordered that the Neo Construct Pty Ltd Enterprise Agreement 2025 be approved and registered as an approved agreement under the Fair Work Act 2009. The decision was made on the basis that the agreement met all statutory requirements, was made in good faith, provided for fair and reasonable dispute resolution, and complied with national employment standards. This outcome ensures that the terms of the agreement are legally binding and enforceable for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established