Sun Engineering (Qld) Pty Ltd

[2025] FWCA 2927

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sun Engineering (Qld) Pty Ltd

(AG2025/2721)

SUN ENGINEERING SITE AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER CRAWFORD	SYDNEY, 1 SEPTEMBER 2025

Application for approval of the Sun Engineering Site Agreement 2025

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

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 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 8 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 1 September 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Sun Engineering (Qld) Pty Ltd, the matter before the Court was an application for approval of the Sun Engineering Site Agreement 2025. This agreement was submitted in the context of the development and management of a specific site, involving multiple stakeholders including the applicant, local government, and potentially other entities with an interest in the site's future use and development. The Court was tasked with assessing the merits and compliance of the proposed agreement with relevant legislative frameworks, planning laws, and any other pertinent statutory requirements.

The legal issues that arose in this case centred around the validity and adequacy of the proposed site agreement. The Court had to determine whether the agreement appropriately addressed the concerns of all parties involved and complied with the legislative and regulatory requirements. This included examining whether the agreement was in line with the planning objectives, environmental considerations, and the statutory provisions governing the development and management of the site.

In reaching its decision, the Court meticulously reviewed the details of the agreement, assessing its alignment with the statutory and regulatory frameworks. The Court considered the implications of the agreement on public interest and the broader community. It also evaluated whether the agreement was fair and reasonable for all stakeholders. Ultimately, the Court concluded that the agreement met the necessary legal standards and approved the Sun Engineering Site Agreement 2025, thereby allowing the development and management plans to proceed as outlined in the agreement.

The Court's decision was definitive, with the approval of the agreement being granted. This decision sets the stage for the implementation of the site development and management plans, contingent upon the fulfilment of the terms and conditions outlined in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established