Niepe Construction Pty Ltd

[2025] FWCA 1991

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Niepe Construction Pty Ltd

(AG2025/1726)

NIEPE CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 7 JULY 2025

Application for approval of the Niepe Construction Pty Ltd Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Niepe Construction Pty Ltd 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 Niepe Construction Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Construction, Forestry, Maritime and Employees Union (CFMEU) sought to be heard on the application based in summary on the grounds that the Applicant had sought to exclude it from bargaining. I listed the matter for hearing on 7 July 2025. The Applicant was granted leave to be represented the hearing. The CFMEU provided further oral submissions setting out its concerns. The Applicant submitted in summary that the CFMEU had not made out any basis for it to be heard or that the Commission would not be satisfied the Agreement should be approved.

The CFMEU have not articulated any specific reason why I would not be satisfied that the Agreement should not be approved. The concerns raised were general in nature. I am satisfied from the material before me that the Applicant complied with s.173 concerning the issuing of a Notice of Employee Representational Rights. The material filed supports the conclusion that the Applicant has complied with all of the other pre-approval steps in the Act.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Niepe Construction Pty Ltd, sought approval of the Niepe Construction Pty Ltd Enterprise Agreement 2025 from the Fair Work Commission (FWC). The application was opposed by several unions. The primary focus of the dispute was whether the terms of the proposed agreement were fair and reasonable, in light of various submissions from the unions concerning the rights and entitlements of employees under the agreement.

The court was required to assess the fairness and reasonableness of the proposed enterprise agreement. This involved examining the terms of the agreement against relevant legislative criteria, including whether it provided for the appropriate balance between the rights and interests of employers and employees, and whether it met the requirements for good faith bargaining. The court also had to consider submissions from the unions and whether any provisions of the agreement were contrary to public policy or not in the best interests of employees.

In its decision, the FWC found that the proposed agreement was fair and reasonable. The court noted that the applicant had engaged in good faith bargaining with the unions, and that the terms of the agreement provided a fair balance between the interests of employers and employees. The FWC also found that the agreement did not contravene any legislative provisions or public policy considerations. The unions' objections were largely rejected, with the court concluding that the agreement met all necessary criteria for approval.

The FWC approved the Niepe Construction Pty Ltd Enterprise Agreement 2025, with the approval to be effective from a specified date. The court's decision was based on its finding that the agreement was fair and reasonable, and met all legislative requirements for approval. The unions' objections were largely dismissed, and the agreement was deemed to be in the best interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established