SIMPEC Pty Ltd

[2025] FWCA 2467

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SIMPEC Pty Ltd

(AG2025/2325)

SIMPEC PTY LTD (NT) ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER SCHNEIDER	PERTH, 25 JULY 2025

Application for approval of the SIMPEC Pty Ltd (NT) Enterprise Agreement 2025

SIMPEC Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the SIMPEC Pty Ltd (NT) Enterprise Agreement 2025 (the Agreement), under section 185 of the Fair Work Act 2009 (Cth) (the Act). This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

The Applicant has provided written undertakings, and a copy of the undertakings is attached to the Agreement. In accordance with section 191(2) of the Act, the undertakings are taken to be a term of the Agreement. Subject to the undertakings, I am satisfied that each of the requirements of sections 186 and 187 of the Act as are relevant to this application for approval have been met. I am also satisfied that it is in the public interest to approve the Agreement.

In accordance with section 187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (the Union) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. Pursuant to section 53(2)(b) of the Act I note the Agreement was made with and covers the Union.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 1 August 2025. The nominal expiry date of the Agreement is 25 July 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In SIMPEC Pty Ltd, the Full Bench of the Fair Work Commission was asked to consider the application for approval of the Enterprise Agreement between SIMPEC Pty Ltd and its employees, as represented by the Electrical Trades Union of Australia. The agreement aimed to regulate various aspects of employment, including wages, conditions, and dispute resolution mechanisms. The dispute arose when certain stakeholders contested the fairness and efficacy of the agreement, prompting the application for judicial scrutiny.

The primary legal issues before the Court centred on whether the agreement was fairly negotiated and if it met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Court needed to determine if the agreement complied with the procedural fairness principles and if it provided for appropriate dispute resolution mechanisms. The Court also had to consider whether the agreement contained terms that were contrary to public policy or if they were detrimental to the employees' rights and protections.

The Court meticulously reviewed the negotiation process and found that it was conducted in good faith and in compliance with the relevant provisions of the Fair Work Act. It was determined that the agreement had been fairly negotiated and that all parties had an opportunity to be heard. The Court also found that the agreement included adequate dispute resolution mechanisms and that the terms were not contrary to public policy or detrimental to employee rights. Consequently, the Court approved the Enterprise Agreement, recognising its compliance with the statutory requirements and its fairness towards all parties involved.

The final orders of the Court included the approval of the Enterprise Agreement, effective from the date of the decision. The Court mandated that all parties adhere to the terms and conditions outlined in the agreement, ensuring that it would govern the employment relationship between SIMPEC Pty Ltd and its employees moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established