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austlii:cth/FWCA/2025/2941
General information, not legal advice.
FWCA
2025-09-01
Original judgment source is linked above.
s.185 - Enterprise agreement
Application for approval of the Brefni Enterprise Agreement 2025
[1] Brefni Contracting Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Brefni Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Transitional arrangements under the Secure Jobs, Better Pay amendment
[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 21 January 2025 and the Agreement was made on 25 July 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
Notice of Employee Representational Rights (NERR)
[3] The NERR contained a different Agreement title to the final Agreement, being the 'Brefni Contracting Pty Ltd Brefni Maintenance Pty Ltd Enterprise Agreement 2025'. The Employer provided submissions that this matter constituted a minor technical error.
[4] I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that this constituted a minor technical or procedural error for the purposes of s.188(5) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.
[5] The employer 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.
[6] Subject to the undertakings referred to above, and having had regard to the Statement of Principles on Genuine Agreement, 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.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2025. The nominal expiry date of the Agreement is 8 September 2029.
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