Plasser Australia Pty Ltd

[2025] FWCA 2441

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Plasser Australia Pty Ltd

(AG2025/2213)

PLASSER AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER CRAWFORD	SYDNEY, 24 JULY 2025

Application for approval of the Plasser Australia Pty Ltd Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Plasser Australia Pty Ltd Enterprise Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Plasser Australia Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 13 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 24 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Plasser Australia Pty Ltd applied to the Fair Work Commission for approval of the Plasser Australia Pty Ltd Enterprise Agreement 2025. The applicant, a civil engineering contractor, sought to enter into a new enterprise agreement with its employees. The dispute involved the terms and conditions of employment for the employees, including pay rates, working hours, and other employment-related matters.

The legal issues before the Fair Work Commission included whether the agreement complied with the provisions of the Fair Work Act 2009, including the requirements for the fair and equitable treatment of employees. The Commission had to determine if the agreement was a "better off overall test" (BOOT) agreement, which required that the employees were at least as well off under the new agreement as they would be under the applicable award or existing enterprise agreement. The Commission also considered the extent to which the agreement provided for procedural fairness and protected employees' rights.

The Fair Work Commission found that the agreement was compliant with the relevant provisions of the Fair Work Act. The Commission determined that the agreement met the BOOT requirement and provided for procedural fairness and the protection of employees' rights. The Commission noted that the agreement provided for a range of benefits for employees, including pay increases, improved working conditions, and enhanced job security. The Commission was satisfied that the agreement was fair and reasonable and approved it.

The Fair Work Commission approved the Plasser Australia Pty Ltd Enterprise Agreement 2025. The Commission found that the agreement was a BOOT agreement and provided for procedural fairness and the protection of employees' rights. The Commission noted that the agreement provided for a range of benefits for employees and was fair and reasonable. The Commission approved the agreement and directed that it be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established