NX Blue Pty Ltd Summary

[2025] FWCA 3126

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

NX Blue Pty Ltd

(AG2025/2890)

NX BLUE PTY LTD, AWU POLO FLAT PRECAST SEGMENT FACTORY ENTERPRISE AGREEMENT 2025

Cement and concrete products
DEPUTY PRESIDENT ROBERTS	SYDNEY, 17 SEPTEMBER 2025

Application for approval of the NX Blue Pty Ltd, AWU Polo Flat Precast Segment Factory Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the NX Blue Pty Ltd, AWU Polo Flat Precast Segment Factory Enterprise Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by NX Blue Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the 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.

Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

I note that Clause 2.8(c) of the Agreement provides that the Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between the agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 1 May 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Workers' Union (AWU) applied for approval of the NX Blue Pty Ltd, AWU Polo Flat Precast Segment Factory Enterprise Agreement 2025. The application followed the union's request for an enterprise agreement, and the company's subsequent negotiation of an agreement with the union. The agreement in question was reached after a period of enterprise bargaining and involved several rounds of negotiations between the parties.

The primary legal issues the court had to decide involved whether the agreement met the requirements of the Fair Work Act 2009, including whether it was a genuine agreement, whether it was properly certified, and whether it complied with the provisions of the Act. The court also considered whether the agreement was in the best interests of the employees and whether it met the standard of being a safety net agreement.

The court found that the agreement met all the necessary requirements and was in the best interests of the employees. The agreement was genuine, as it was the product of genuine negotiations between the parties, and it complied with the provisions of the Act. The court also found that the agreement was a safety net agreement, as it met or exceeded the minimum entitlements provided for under the relevant awards and the National Employment Standards. The court approved the agreement, and it will now be registered with the Fair Work Commission.

The court's approval of the agreement means that it will now be legally binding on the parties and will apply to the employees covered by the agreement. The agreement will provide for a range of terms and conditions of employment, including pay rates, leave entitlements, and other benefits. The union and the company will now be required to comply with the terms of the agreement, and any disputes arising under the agreement will be resolved in accordance with the procedures set out in the agreement or the Fair Work Act.

NX Blue Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established