Civil Industries Pty Ltd Trading AS Axis PLH Summary

[2025] FWCA 1143

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Civil Industries Pty Ltd Trading AS Axis PLH

(AG2025/864)

AXIS PLH & THE AUSTRALIAN WORKERS’ UNION MAJOR PROJECTS AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER REDFORD	MELBOURNE, 3 APRIL 2025

Application for approval of the Axis PLH & The Australian Workers’ Union Major Projects Agreement 2025

An application has been made for approval of an enterprise agreement known as the Axis PLH & The Australian Workers’ Union Major Projects Agreement 2025 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Civil Industries Pty Ltd Trading AS Axis PLH (the Employer).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (AWU), is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement as required by s 187(5)(b).

Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the AWU and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 7 days after the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was brought before the Fair Work Commission by Civil Industries Pty Ltd trading as Axis PLH for approval of the proposed agreement titled The Australian Workers’ Union Major Projects Agreement 2025. The Australian Workers’ Union (the Union) was also a party to the application, with both parties seeking the commission's endorsement of the agreement. The legal issues that the commission was required to decide centred on whether the proposed agreement met the criteria for approval as stipulated in the Fair Work Act 2009. Specifically, the commission had to consider whether the agreement was a genuine enterprise agreement, whether it complied with the good faith bargaining requirements, and if it adhered to the provisions concerning the avoidance of industrial action.

In its decision, the commission noted that the application was made under section 186 of the Fair Work Act, which mandates that the agreement must be a genuine enterprise agreement. The commission examined the evidence presented by both parties to ascertain if the agreement was made in good faith and if it reflected the true terms negotiated between the parties. The commission also reviewed the agreement to ensure it did not contain any provisions that would be contrary to the public interest or that would undermine the rights of employees. After thorough consideration, the commission concluded that the agreement was indeed a genuine enterprise agreement, met the good faith bargaining requirements, and did not contravene any statutory provisions. Therefore, the commission approved the agreement.

Consequently, the commission issued an order approving The Australian Workers’ Union Major Projects Agreement 2025, effective from the date specified in the agreement. The order is binding on all employees covered by the agreement, the employer, and the Union. The decision provides clarity and certainty for the parties involved, ensuring that the agreement will be upheld in accordance with the Fair Work Act.

Civil Industries Pty Ltd Trading AS Axis PLH

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established