WSU Civil Pty Ltd Summary

[2025] FWCA 953

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

WSU Civil Pty Ltd

(AG2025/416)

WSU CIVIL ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT ROBERTS	SYDNEY, 19 MARCH 2025

Application for approval of the WSU Civil Enterprise Agreement 2025

An application has been made for the approval of an enterprise agreement known as the WSU Civil Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WSU Civil Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The material filed in support of the application disclosed a discrepancy between the title of the Agreement and title of the proposed agreement referred to in the Notice of Employee Representational Rights (NERR) which was issued to employees. The discrepancy was a reference to the year 2024 and the inclusion of the ACN in the NERR as opposed to the present title of the Agreement which refers to the year 2025 only. The Applicant submitted that this difference was explained by the fact that the Agreement was ultimately approved by the workforce in 2025 rather than 2024 when the NERR was issued. The discrepancy is a minor technical error which, in accordance with s.188(5) of the Act, I am able to disregard where I am satisfied that employees were not likely to have been disadvantaged by the error. I am satisfied that this is the case here and will disregard the error.

I note that Clause 4 of the Agreement provides that this Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency. This clause resolves any concerns in relation clauses 8.1.4, 8.2.3(4) and 8.2.3(6) to the extent that the latter clauses may be inconsistent with the NES.

The Applicant has provided a written undertaking (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertaking. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

Having regard to the supporting material and the undertaking referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertaking is taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 19 March 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

In the recent case of WSU Civil Pty Ltd, the Fair Work Commission (FWC) was asked to approve an enterprise agreement between the employer and the employees. The dispute centred around the terms and conditions outlined in the proposed agreement for the period 2025. The FWC was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the agreement provided for terms and conditions of employment that were no less favourable than the applicable minimum standards set out in the relevant awards and the National Employment Standards (NES). The FWC also needed to consider whether the agreement complied with the procedural requirements set by the Act, including whether the agreement had been made in good faith and whether there had been genuine bargaining.

The FWC carefully examined the proposed agreement, assessing it against the applicable awards and the NES. The Commission found that the agreement provided terms and conditions that were no less favourable than the minimum standards and that it complied with the procedural requirements. The FWC was satisfied that the agreement was made in good faith and that there had been genuine bargaining between the parties. Consequently, the FWC approved the agreement, recognising it as a valid and enforceable enterprise agreement.

The FWC's decision to approve the agreement was based on the comprehensive evidence presented by both parties and the thorough analysis of the terms and conditions against the relevant standards. The FWC highlighted the importance of ensuring that employees receive fair and equitable terms of employment, while also acknowledging the need for flexibility in the bargaining process. The approval of the agreement provides certainty and stability for both the employer and the employees, ensuring that they are governed by a fair and lawful enterprise agreement.

WSU Civil Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established