Veterans In Construction Pty Ltd

[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

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.

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of the Veterans in Construction Pty Ltd and The Australian Workers’ Union Major Projects Agreement 2025. The applicant, Veterans in Construction Pty Ltd, is a company operating in the construction industry. The Australian Workers’ Union sought approval for the agreement on behalf of its members employed by the company. The dispute centered on whether the proposed agreement complied with the Fair Work Act 2009 and whether it provided fair terms of employment for the workers.

The legal issues the court had to decide included whether the agreement met the statutory requirements for approval and if it provided a fair and reasonable set of terms for the employees. Specifically, the court examined if the agreement provided for a minimum rate of pay and other conditions that met or exceeded the relevant awards and the national minimum standards. The court also considered the agreement’s provisions on dispute resolution, flexibility, and any other terms that could impact the employees' rights and working conditions.

The Fair Work Commission found that the proposed agreement met all the necessary statutory requirements and provided fair terms for the employees. The agreement included provisions for minimum rates of pay, leave entitlements, and other conditions that aligned with or exceeded the relevant awards and national minimum standards. The court was satisfied with the agreement’s provisions for dispute resolution and flexibility, finding them to be fair and reasonable. As a result, the court approved the agreement, confirming its compliance with the Fair Work Act and its fairness to the employees.

The final order of the court was the approval of the Veterans in Construction Pty Ltd and The Australian Workers’ Union Major Projects Agreement 2025, effective from the date of the decision. The agreement was set to remain in force until it was varied or replaced by another agreement that also met the statutory requirements and was approved by the Fair Work Commission. This decision ensured that the workers would benefit from the terms set out in the approved agreement, providing them with fair and reasonable employment conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established