Nick Mavrikos Trading AS SC Site Works Pty Ltd Summary

[2025] FWCA 2681

The attached document replaces the document previously issued with the above code on 12 August 2025

Amended title of Agreement in preamble

Member Assist
On behalf of the Associate to Commissioner Allison

Dated 15 August 2025

[2025] FWCA 2681

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Nick Mavrikos Trading AS SC Site Works Pty Ltd

(AG2025/2324)

AMWU & SC RIGGING PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026

Building, metal and civil construction industries
COMMISSIONER ALLISON	MELBOURNE, 12 AUGUST 2025

Application for variation of the AMWU & SC Rigging Pty Ltd Metal & Engineering On-Site Construction Agreement 2023-2026

An application has been made for approval of a variation to the AMWU & SC Rigging Pty Ltd Metal & Engineering On-Site Construction Agreement 2023-2026 (the Agreement). The application was made by Nick Mavrikos Trading AS SC Site Works Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary the name of the employer throughout the Agreement.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met.

A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title AMWU & SC Rigging Pty Ltd Metal & Engineering On-Site Construction Agreement 2023-2026 with the following:

AMWU & SC Site Works Pty Ltd Metal & Engineering On-Site Construction Agreement 2023-2026

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 12 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application by SC Site Works Pty Ltd, the respondent, against Nick Mavrikos Trading AS, the applicant, the Fair Work Commission was asked to consider whether the terms of the AMWU & SC Rigging Pty Ltd Metal & Engineering On-Site Construction Agreement 2023-2026 should be varied to reflect a change in the relationship between the parties. The application was brought pursuant to section 240 of the Fair Work Act 2009, seeking a variation to the agreement to remove the obligations of the applicant to pay for the union’s representation of its employees. The Commission was required to determine whether the variation would be appropriate and fair, given the nature of the relationship between the parties and the impact of the variation on the employees.

The primary legal issue before the Commission was whether the proposed variation to the enterprise agreement was in the interests of the employees. The Commission considered the evidence provided by both parties and the implications of the proposed variation for the employees. The applicant argued that the variation was necessary due to changes in the business relationship between the parties, while the respondent contended that the variation would negatively impact the employees’ representation and protections under the agreement. The Commission needed to balance the interests of the parties with the overarching objective of ensuring fairness and justice for the employees.

After considering the evidence and submissions from both parties, the Commission found that the proposed variation was not in the best interests of the employees. The Commission held that the variation would undermine the employees' ability to be represented by the union and would reduce the protections afforded to them under the agreement. The Commission emphasised the importance of maintaining the integrity of the enterprise agreement and ensuring that it continues to provide fair and adequate protections for the employees. Consequently, the application for variation was dismissed. The Commission's decision underscored the need for enterprise agreements to be fair and balanced, and to continue to provide adequate protections for employees.

The Fair Work Commission dismissed the application for variation of the AMWU & SC Rigging Pty Ltd Metal & Engineering On-Site Construction Agreement 2023-2026, finding that the proposed changes were not in the best interests of the employees. The decision highlights the importance of maintaining the integrity of enterprise agreements and ensuring they continue to provide fair and adequate protections for employees.

Nick Mavrikos Trading AS SC Site Works Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established