//
austlii:cth/FWCA/2025/1991
General information, not legal advice.
FWCA
2025-07-07
Original judgment source is linked above.
NIEPE CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2025
Application for approval of the Niepe Construction Pty Ltd Enterprise Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Niepe Construction 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 Niepe Construction Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
[2] The Construction, Forestry, Maritime and Employees Union (CFMEU) sought to be heard on the application based in summary on the grounds that the Applicant had sought to exclude it from bargaining. I listed the matter for hearing on 7 July 2025. The Applicant was granted leave to be represented the hearing. The CFMEU provided further oral submissions setting out its concerns. The Applicant submitted in summary that the CFMEU had not made out any basis for it to be heard or that the Commission would not be satisfied the Agreement should be approved.
[3] The CFMEU have not articulated any specific reason why I would not be satisfied that the Agreement should not be approved. The concerns raised were general in nature. I am satisfied from the material before me that the Applicant complied with s.173 concerning the issuing of a Notice of Employee Representational Rights. The material filed supports the conclusion that the Applicant has complied with all of the other pre-approval steps in the Act.
[4] The Applicant has provided written undertakings. 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.
[5] Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[6] The Agreement is approved and will operate in accordance with s.54 of the Act.
Printed by authority of the Commonwealth Government Printer