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austlii:cth/FWCA/2025/2404
General information, not legal advice.
FWCA
2025-07-29
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
BIG RIVER GROUP PTY LTD (FORMERLY MB PREFAB) AND CFMEU ENTERPRISE AGREEMENT 2025
Application for approval of the Big River Group Pty Ltd (formerly MB Prefab) and CFMEU ENTERPRISE AGREEMENT 2025
[1] An application has been made for approval of an enterprise agreement known as the Big River Group Pty Ltd (formerly MB Prefab) and CFMEU 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 HRBP t/as Big River Group Pty Limited (Big River Group). The Agreement is a single enterprise agreement.
[2] In response to several issues raised with Big River Group in relation to its application, it has provided written undertakings, a copy of which are 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.
[3] The undertakings relate to rates of pay for several classifications and trainees.
Interaction with the National Employment Standards
[4] Clause 6.5 of the Agreement provides that the National Employment Standards (NES) applies to employees covered by the agreement except where the agreement provides a more favourable outcome (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:
Clause a.4.7(a)(ii) - Notice of Termination
Clause 11.1 Personal Leave
[5] 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.
[6] The Construction, Forestry and Maritime Employees Union - Manufacturing Division Union (CMFEU-MD) 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 CFMEU-MD.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.
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