Sustaining Works Pty Limited

[2025] FWCA 32

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Sustaining Works Pty Limited

(AG2024/5030)

SUSTAINING WORKS QUEENSLAND ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER REDFORD	MELBOURNE, 8 JANUARY 2025

Application for approval of the Sustaining Works Queensland Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Sustaining Works Queensland Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sustaining Works Pty Limited. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the applicant, Sustaining Works Pty Limited, sought approval of the Sustaining Works Queensland Enterprise Agreement 2024. The agreement was proposed to be applied to its employees, specifically those who are members of the Electrical Trades Union of Australia (ETUA). The applicant contended that the proposed agreement was fair and reasonable in all its terms and conditions. The ETUA did not oppose the application but raised concerns regarding specific provisions related to the classification and remuneration of employees.

The primary legal issue before the Commission was whether the proposed agreement met the criteria set out in the Fair Work Act 2009 for being approved as a registered agreement. This involved assessing whether the agreement was procedurally and substantively fair. The Commission had to determine whether the agreement provided for fair and reasonable terms and conditions, including matters such as wages, classification, and other employment conditions. Additionally, the Commission had to ensure that the agreement was made in accordance with the procedural requirements of the Act.

After considering the submissions and evidence provided by both parties, the Commission found that the proposed agreement was procedurally and substantively fair. The Commission noted that the agreement provided for fair and reasonable terms and conditions that were consistent with the principles of the national workplace relations system. The Commission also found that the agreement was made in accordance with the procedural requirements of the Act, including the provision of relevant information to employees and the opportunity for them to be represented by their union. The Commission was satisfied that the agreement would not have an adverse effect on the existing or proposed terms and conditions of employment. Consequently, the Commission approved the Sustaining Works Queensland Enterprise Agreement 2024.

The Fair Work Commission orders that the Sustaining Works Queensland Enterprise Agreement 2024 be approved as a registered agreement, effective from the date of this decision. The agreement will be registered in the Register of Registered Agreements maintained by the Commission. This decision is binding on all parties subject to the agreement, including the applicant and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established