Wood Australia Pty Ltd Trading AS Wood

[2025] FWCA 2897

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Wood Australia Pty Ltd Trading AS Wood

(AG2025/2767)

WOOD PORTLAND ALUMINIUM BROWNFIELDS SERVICES AMWU & AWU AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER TRAN	MELBOURNE, 28 AUGUST 2025

Application for approval of the Wood Portland Aluminium Brownfields Services AMWU & AWU Agreement 2025

Wood Australia Pty Ltd has applied for approval of an enterprise agreement known as the Wood Portland Aluminium Brownfields Services AMWU & AWU Agreement 2025 under s 185 of the Fair Work Act 2009.

The Agreement is a greenfields agreement.

The agreement meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met.

In accordance with s 187(5)(a) of the Act, I am satisfied that the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Australian Workers' Union (AWU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note clause 5.8 of the Agreement, which gives precedence to the National Employment Standards. I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Applicant has provided written undertakings, and a copy of the undertakings is attached in Annexure A. In accordance with s 191(1) of the Act, the undertakings are taken to be a term of the Agreement.

Under s.53(2)(b) of the Act I note the Agreement was made with the AMWU and the AWU and that the Agreement covers those organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2025.

In accordance with clause 4.2, the nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Wood Australia Pty Ltd, trading as Wood, for approval of a proposed enterprise agreement. The proposed agreement was between Wood and two unions, the Australian Manufacturing Workers' Union (AMWU) and the Australian Workers' Union (AWU), and was set to govern the terms and conditions of employment for Wood's workers until 2025. The primary dispute centred around whether the agreement met the legal standards for approval under the Fair Work Act 2009. The Commission was tasked with ensuring that the agreement provided for the proper management of the workplace and the fair treatment of employees.

The legal issues before the Commission included whether the agreement provided for a fair and reasonable set of terms and conditions for employees, including minimum rates of pay and conditions of work. The Commission also had to determine whether the agreement complied with the 'better off overall test', ensuring that employees would be no worse off financially and better off overall in terms of their terms and conditions of employment. Additionally, the Commission considered whether the agreement appropriately addressed the needs of a diverse workforce and included adequate provisions for dispute resolution.

The Commission found that the proposed agreement met the necessary legal standards for approval. The agreement provided for fair and reasonable terms and conditions, including provisions for minimum rates of pay and conditions of work. The Commission concluded that the agreement satisfied the better off overall test, as employees would be better off overall in terms of their terms and conditions of employment. The Commission also found that the agreement adequately addressed the needs of a diverse workforce and included appropriate provisions for dispute resolution. Based on these findings, the Commission approved the agreement, ensuring that it would govern the employment relationship between Wood and its employees until 2025.

The Fair Work Commission approved the Wood Portland Aluminium Brownfields Services AMWU & AWU Agreement 2025, effective from the date of approval. The agreement, which provides for the terms and conditions of employment for Wood's workers, was found to meet the legal standards for approval under the Fair Work Act 2009. The Commission's decision ensures that employees will benefit from fair and reasonable terms and conditions, as well as appropriate provisions for dispute resolution.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established