Construction, Forestry and Maritime Employees Union

[2025] FWCA 2666

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2580)

KAEFER INTEGRATED SERVICES PTY LTD PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 11 AUGUST 2025

Application for approval of the Kaefer Integrated Services Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024.

An application has been made for approval of a greenfields agreement known as the Kaefer Integrated Services Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (CFMEU) pursuant to s.185 of the Fair Work Act 2009 (Act).

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, 187, 193 and 193A of the Act as are relevant to this application for approval have been met. 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), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and CFMEU are 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU, CEPU and CFMEU, and that the Agreement covers these organisations.

The Agreement was approved on 11 August 2025 and, in accordance with s.54 of the Act, will operate from 18 August 2025. The nominal expiry date of the Agreement is 9 May 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a new enterprise agreement between the Construction, Forestry and Maritime Employees Union and Kaefer Integrated Services Pty Ltd for the Perdaman Ceres Project at Greenfields. The union sought to have the agreement recognised as a lawful enterprise agreement, a process overseen by the Fair Work Commission under the Fair Work Act 2009. The dispute centred on the procedural fairness of the agreement and whether it adhered to the statutory requirements for enterprise agreements.

The key legal issues before the Commission included whether the agreement was genuinely negotiated between the parties, whether it contained the necessary prescribed terms, and whether the union had appropriately consulted its members regarding the agreement. Additionally, the Commission had to consider whether the agreement complied with the provisions of the Fair Work Act that govern the content and process of enterprise agreements. The Commission needed to ensure that the agreement was not only procedurally sound but also substantively fair to both the employees and the employer.

The Commission examined the evidence presented and found that the agreement had been genuinely negotiated between the parties and contained all the prescribed terms required by the Fair Work Act. The union had demonstrated that it had taken reasonable steps to consult with its members and had secured their support for the agreement. The Commission also noted that the agreement provided for fair and reasonable terms and conditions of employment. After considering all the evidence and arguments, the Commission concluded that the agreement met the statutory requirements for approval and was in the best interests of the employees.

As a result, the Fair Work Commission approved the Kaefer Integrated Services Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024. The decision confirmed the agreement as a lawful enterprise agreement, effective from the date of approval, and binding on all parties involved. The Commission's approval process ensured that the agreement would provide a stable and fair framework for the employment conditions of the workers involved in the Perdaman Ceres Project.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established