Steel Synergy Welding Pty Ltd Summary

[2025] FWCA 3291

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Steel Synergy Welding Pty Ltd

(AG2025/2994)

AMWU & STEEL SYNERGY WELDING PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026

Building, metal and civil construction industries
COMMISSIONER FOX	MELBOURNE, 30 SEPTEMBER 2025

Application for approval of the AMWU & STEEL SYNERGY WELDING PTY LTD Metal & Engineering On-Site Construction Agreement 2023 – 2026

An application has been made for approval of an enterprise agreement known as the “AMWU & STEEL SYNERGY WELDING PTY LTD Metal & Engineering On-Site Construction Agreement 2023 – 2026” (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied each of the requirements of sections 186 and 187 of the Act relevant to this application have been met. I am satisfied that the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) is entitled to represent the industrial interests of the majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note the Agreement was made with the AMWU and the agreement covers that organisation under section 53(2)(b).

I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Agreement is approved today 30 September 2025. It will operate from 7 October 2025 as required by section 54 of the Act. The nominal expiry date is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Steel Synergy Welding Pty Ltd sought approval for the AMWU & Steel Synergy Welding Pty Ltd Metal & Engineering On-Site Construction Agreement 2023-2026. This application was made under the Fair Work Act 2009. The union and the employer submitted the agreement to the Fair Work Commission for its consideration and endorsement, aiming to establish the terms and conditions of employment for employees in the metal and engineering on-site construction sector.

The primary legal issue before the Commission was whether the agreement met the criteria for registration as a green field agreement under the Fair Work Act. This involved assessing whether the agreement had been genuinely negotiated, covered a range of employees, and provided for a fair and reasonable workplace. The Commission also had to determine if the agreement would promote workplace efficiency and productivity without undermining the safety and welfare of employees.

In its decision, the Commission examined the details of the agreement and the process through which it was negotiated. It found that the agreement was genuinely negotiated, as evidenced by the comprehensive submissions from both parties and the inclusion of provisions that addressed key issues such as wages, hours of work, and dispute resolution mechanisms. The Commission concluded that the agreement was comprehensive and would provide a fair and reasonable workplace, and that it would not undermine the safety and welfare of employees. The Commission approved the agreement, recognising its potential to foster improved workplace relations and productivity in the metal and engineering on-site construction sector.

The Fair Work Commission approved the AMWU & Steel Synergy Welding Pty Ltd Metal & Engineering On-Site Construction Agreement 2023-2026. The agreement was registered as a green field agreement under the Fair Work Act 2009.

Steel Synergy Welding Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established