Workfast Infrastructure Australia Pty Ltd

[2025] FWCA 2064

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Workfast Infrastructure Australia Pty Ltd

(AG2025/1789)

WORKFAST INFRASTRUCTURE AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 24 JUNE 2025

Application for approval of the Workfast Infrastructure Australia Pty Ltd Enterprise Agreement 2025.

Workfast Infrastructure Australia Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Workfast Infrastructure Australia Pty Ltd Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings 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.

Subject to the undertakings referred to above, 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 does not contain a delegates’ rights term as required by s. 205A(1) of the Act. Pursuant to s. 205A(2), the workplace delegates’ rights term prescribed by the Building and Construction General On-site Award 2020 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2025. The nominal expiry date of the Agreement is 23 June 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Workfast Infrastructure Australia Pty Ltd, sought approval of an enterprise agreement with its employees as per the Fair Work Act 2009. The application was brought before the Fair Work Commission, which was tasked with determining if the agreement met the necessary criteria for approval. The employees, represented by a union, contested certain provisions of the proposed agreement, particularly those relating to pay rates and conditions.

The primary legal issues before the Commission were whether the agreement fairly reflected the terms and conditions of employment, was free from coercion, and complied with the provisions of the Fair Work Act. The Commission needed to assess if the agreement was genuinely negotiated and if it provided for fair and reasonable terms, including adequate protections for employees.

The Fair Work Commission found that the agreement was broadly consistent with the principles of the Fair Work Act. It concluded that the agreement had been negotiated in good faith and provided for fair and reasonable terms and conditions. The Commission emphasised that the agreement included provisions for fair pay and conditions, as well as mechanisms for addressing disputes. It also found that the agreement adequately protected the rights of employees and met the criteria for approval under the Act.

Accordingly, the Fair Work Commission approved the Workfast Infrastructure Australia Pty Ltd Enterprise Agreement 2025. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the employees of the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established