Fair Work Act 2009

s.185 - Enterprise agreement

Application for approval of the C1 Group Pty Ltd Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the C1 Group Pty Ltd 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 C1 Group Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[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 Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 20 December 2024 and the Agreement was made on 28 June 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

[3] The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.

[4] I note that there is a small inconsistency in the Agreement. Specifically, while it does not contain any apprentice provisions due to there being no trades classifications, there is a definition of adult apprentice in clause 2. The Applicant has advised and I accept that this definition is superfluous and was included in error.

[5] While the Agreement referred to a delegates' rights clause in another instrument, it did not include a clause per se. Given this, the delegates' rights clause from the Building and Construction General On-site Award 2020 has been inserted as a term of the Agreement pursuant to s.205A of the Act.

[6] I have also considered the small voting cohort who approved the Agreement and the issue of whether they are sufficiently representative and have sufficient interest in the Agreement. While the Agreement lists six pay levels, in reality there are only two categories, each with three levels based on length of service. While the voter cohort represent only two levels in the category of Post Tensioner, the other category is in effect an entry level category of Labourer. I am satisfied that such a level is used for a new employee gaining the skills to be a Post Tensioner. I also note that the Agreement is underpinned by a single award and operates only within Western Australia. Given this, I am satisfied that the voter cohort is sufficiently representative. The Applicant has also stated that the employees who voted will all be paid the rates in the Agreement and I am also satisfied that they have sufficient interest in the Agreement.

[7] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2025. The nominal expiry date of the Agreement is 24 July 2029.

Printed by authority of the Commonwealth Government Printer