Workfast Infrastructure Pty Ltd

[2025] FWCA 1216

[2025] FWCA 1216

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Workfast Infrastructure Pty Ltd

(AG2025/790)

WORKFAST INFRASTRUCTURE PTY LTD & THE AUSTRALIAN WORKERS’ UNION MAJOR PROJECTS AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER ALLISON	MELBOURNE, 11 APRIL 2025

Application for approval of the Workfast Infrastructure Pty Ltd & The Australian Workers’ Union Major Projects Agreement 2025.

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

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

1. The application was required to be filed within 14 days after it was made on 5 March 2025 in accordance with s.185(3) of the Act. As it was not filed until 24 March 2025, it was filed five days after the expiry of the statutory timeframe. Pursuant to s.185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application.

1. The Notice of Employee Representational Rights that was issued to the employees was not in the form prescribed by the regulations. I am satisfied that this was a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard this error.

1. Clause 23.5 of the Agreement, relating to casual conversion, may be inconsistent with Employee Choice casual conversion requests made in accordance with s.66AAB-AAD of the Act. However, noting clause 6.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2025. The nominal expiry date of the Agreement is 28 February 2029.

COMMISSIONER

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