Veterans In Construction Pty Ltd

[2025] FWCA 1012

[2025] FWCA 1012

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Veterans In Construction Pty Ltd

(AG2025/537)

VETERANS IN CONSTRUCTION PTY LTD & THE AUSTRALIAN WORKRS’ UNION MAJOR PROJECTS AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 24 MARCH 2025

Application for approval of the Veterans in Construction Pty Ltd & The Australian Workers’ Union Major Projects Agreement 2025

1. Veterans in Construction Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Veterans in Construction Pty Ltd & The Australian Workers’ Union Major Projects Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 19 December 2024 and the Agreement was made on 19 February 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met. 

1. A pre-June 2023 version of the Notice of Employee Representational Right (NERR) was provided to employees. Pursuant to s.188(5), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.174(1A) that the NERR be provided in the prescribed form. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed to within the meaning of s.188(5) of the FW Act.

1. The Australian Workers’ Union (AWU) being a bargaining representative for the Agreement, has given notice under s 183 of the FW Act that it wants the Agreement to cover it. In accordance with s 201(2) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54, will operate from 31 March 2025. The nominal expiry date of the Agreement is 28 February 2029. 

COMMISSIONER

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