Comade Pty Ltd

[2025] FWCA 3498

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Comade Pty Ltd

(AG2025/3254)

AMWU & COMADE PTY LTD CROSS RIVER RAIL PROJECT ENTERPRISE AGREEMENT 2025-2027

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 20 OCTOBER 2025

Application for approval of the AMWU & CoMade Pty Ltd Cross River Rail Project Enterprise Agreement 2025-2027.

An application has been made for the approval of a greenfields agreement known as the AMWU & CoMade Pty Ltd Cross River Rail Project Enterprise Agreement 2025-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Comade Pty Ltd (the Applicant).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186 and 187 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

In accordance with s. 187(5)(a) of the Act, I am satisfied that the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

On 30 September 2025, an amended version of the agreement was filed as the agreement lodged contained a typographical error at clause 5.4.15. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.218A of the Act. The variation operates from 27 October 2025, being the date on which the Agreement commences operation.

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

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Comade Pty Ltd was the subject of an application to the Fair Work Commission for the approval of the Australian Manufacturing Workers' Union (AMWU) & CoMade Pty Ltd Cross River Rail Project Enterprise Agreement 2025-2027. The dispute arose from the need to formalise the terms and conditions of employment for workers involved in the Cross River Rail Project. The Fair Work Commission was the tribunal tasked with determining whether the proposed agreement met the necessary legal standards and requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided for the proper operation of the enterprise by ensuring it was not detrimental to the proper operation of the enterprise, as required by section 233 of the Act. This involved assessing whether the proposed terms and conditions would ensure fair and efficient project execution, without imposing undue burdens on the employer or creating unfair advantages for the employees. Additionally, the Commission had to ensure that the agreement complied with the "better off overall test" under section 235, meaning that the employees would be better off overall, taking into account any improvements in their terms and conditions of employment.

In delivering its decision, the Fair Work Commission thoroughly examined the provisions of the proposed agreement. The Commission found that the agreement did not impose any undue burdens on the employer and would facilitate the smooth and efficient execution of the Cross River Rail Project. Furthermore, the Commission concluded that the agreement complied with the better off overall test, as it provided for fair and reasonable terms and conditions of employment that were advantageous to the employees. Based on this analysis, the Commission approved the enterprise agreement, finding that it met all the necessary legal requirements for approval.

As a result of the Commission's approval, the Australian Manufacturing Workers' Union & CoMade Pty Ltd Cross River Rail Project Enterprise Agreement 2025-2027 was formally recognised and enforceable under the Fair Work Act 2009. The approved agreement will govern the employment terms and conditions for workers involved in the Cross River Rail Project, ensuring a fair and balanced relationship between the employer and employees throughout the project's duration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established