Wellam Constructions Pty Ltd Summary

[2025] FWCA 3436

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wellam Constructions Pty Ltd

(AG2025/3294)

WELLAM CONSTRUCTIONS ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT FAROUQUE	MELBOURNE, 14 OCTOBER 2025

Application for approval of the Wellam Constructions Enterprise Agreement 2025

Introduction

Wellam Constructions Pty Ltd (the Employer) has made an application for approval of a single-enterprise agreement known as the Wellam Constructions Enterprise Agreement 2025 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

National Employment Standards (NES) Issues

I note that Clause 7.4 (Compassionate Leave) may be inconsistent with the National Employment Standards (NES). The Employer has provided an undertaking that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. Consequently, I am satisfied that the terms of the Agreement do not contravene s 55 of the Act.

Section 190 Undertakings

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertaking 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

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

Approval

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wellam Constructions Pty Ltd applied to the Fair Work Commission for the approval of their Enterprise Agreement 2025. The dispute involved the terms of the agreement, which was intended to regulate the employment of workers under the construction industry. The Fair Work Commission was the court tasked with assessing the agreement's compliance with the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided fair and reasonable terms for the workers, aligned with the principles of the Fair Work Act, and if it adhered to the requirements of the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission needed to determine if the agreement met the provisions for minimum entitlements, dispute resolution mechanisms, and the protection of workers' rights.

The Commission assessed the agreement based on the statutory criteria outlined in the Fair Work Act. It examined the agreement's provisions on wages, hours of work, leave entitlements, and other employment conditions. The Commission also evaluated the dispute resolution processes outlined in the agreement and their accessibility to workers. Ultimately, the Commission found that the agreement provided fair and reasonable terms for the workers and complied with the requirements of the Act. It approved the Enterprise Agreement 2025, subject to certain minor modifications to ensure it met the statutory criteria.

Wellam Constructions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established