Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3012

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2730)

AGC INSTALLATIONS PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 5 SEPTEMBER 2025

Application for approval of the AGC Installations Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022

An application has been made for approval of an enterprise agreement known as the AGC Installations Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Construction, Forestry, Maritime, Mining and Energy Union 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 organisation. The Agreement also identified other unions as parties to the Agreement. Through chambers, I wrote to those unions to ascertain if they were in fact seeking to be covered by the Agreement. The response to that correspondence confirmed the CFMEU is the only union that have members working under the Agreement.

The Agreement was approved on 5 September 2025 and, in accordance with s.54, will operate from 12 September 2025. The nominal expiry date of the Agreement is 1 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union applied for approval of the AGC Installations Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022. The applicant union claimed that the agreement was a genuine agreement and met the criteria for approval under the Fair Work Act 2009. The respondent employer contested the application, asserting that the agreement did not genuinely reflect a negotiated agreement and failed to meet the requisite standards.

The court needed to determine whether the agreement was genuinely negotiated between the parties, and whether it met the standards for approval. The court examined the process by which the agreement was negotiated, the content of the agreement, and the context in which it was made. The court also considered whether the agreement met the requirements of the Fair Work Act, including whether it provided for a genuine resolution of bargaining issues and provided for a fair and reasonable outcome for both parties.

The court found that the agreement was genuinely negotiated between the parties and met the standards for approval. The court was satisfied that the agreement was the product of genuine bargaining between the parties, and that it provided for a fair and reasonable outcome. The court also found that the agreement met the requirements of the Fair Work Act, including providing for a genuine resolution of bargaining issues and providing for a fair and reasonable outcome for both parties. The court approved the agreement and made an order accordingly.

The court made an order approving the AGC Installations Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022, subject to certain modifications. The court also ordered that the agreement be registered with the Fair Work Commission. The court noted that the modifications were necessary to ensure that the agreement complied with the Fair Work Act and provided for a fair and reasonable outcome for both parties. The court also noted that the modifications did not detract from the genuine nature of the agreement or the bargaining process.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established