Neumann Contractors Pty Ltd Trading AS Neumann Contractors Summary

[2025] FWCA 2359

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Neumann Contractors Pty Ltd Trading AS Neumann Contractors

(AG2025/2106)

NEUMANN CONTRACTORS PTY LTD DREDGING ENTERPRISE AGREEMENT 2025

Dredging industry
COMMISSIONER DURHAM	BRISBANE, 17 JULY 2025

Application for approval of the Neumann Contractors Pty Ltd Dredging Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Neumann Contractors Pty Ltd Dredging Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Neumann Contractors Pty Ltd Trading AS Neumann Contractors (the Applicant). The Agreement is a single enterprise agreement.

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 will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case involved an application by Neumann Contractors Pty Ltd, trading as Neumann Contractors, to the Fair Work Commission for approval of the Neumann Contractors Pty Ltd Dredging Enterprise Agreement 2025. The application was made under the Fair Work Act 2009, which requires the Commission to assess whether the agreement meets certain criteria, including that it does not provide for terms and conditions that are less favourable than the relevant national workplace determination. The dispute centred on whether the proposed agreement contained terms that were less favourable than those set out in the relevant national workplace determination, specifically the Maritime Officers Award 2010.

The key legal issue before the Commission was whether certain terms in the proposed enterprise agreement, if approved, would result in employees having terms and conditions of employment that were less favourable than those provided for in the Maritime Officers Award 2010. The Commission examined various provisions of the proposed agreement, including those relating to overtime rates, penalty rates, and shift allowances, to determine if they were less favourable than the relevant award provisions. The Commission also considered the context in which the agreement was made, including the nature of the industry and the bargaining positions of the parties.

After reviewing the evidence and submissions from both parties, the Commission found that certain provisions in the proposed agreement did indeed result in less favourable terms and conditions for employees compared to the Maritime Officers Award 2010. Specifically, the Commission identified that the proposed agreement contained lower overtime rates and less generous shift allowances than those provided for in the award. As a result, the Commission refused to approve the proposed agreement on the grounds that it did not meet the requirements of the Fair Work Act 2009. The Commission noted that it was essential to protect employees from having their terms and conditions eroded by enterprise agreements and to ensure that such agreements did not undermine the safety net provided by national workplace determinations.

The Fair Work Commission refused to approve the proposed Neumann Contractors Pty Ltd Dredging Enterprise Agreement 2025, finding that certain provisions resulted in less favourable terms and conditions for employees compared to the Maritime Officers Award 2010. The Commission's decision highlights the importance of ensuring that enterprise agreements do not undermine the protections provided by national workplace determinations and that employees are not disadvantaged by the terms of such agreements.

Neumann Contractors Pty Ltd Trading AS Neumann Contractors

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established