Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2325

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2155)

BRIDGE RESOURCES PTY LTD PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 JULY 2025

Application for approval of the Bridge Resources Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024

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

This is a greenfields agreement that meets the requirements of section 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 have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry and Maritime Employees Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union 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.

I note that several clauses are inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 4.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Building and Construction General On-site Award 2020 (the Award) is taken to be a term of the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry and Maritime Employees Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 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 applicant, the Construction, Forestry and Maritime Employees Union, sought approval of the Bridge Resources Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024. This application was before the Fair Work Commission, which was asked to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The agreement was contested by the Australian Building and Construction Commission, which raised concerns about its compliance with the Act.

The key legal issue before the Commission was whether the proposed agreement provided for fair and reasonable terms and conditions of employment, in line with the provisions of the Fair Work Act. The Commission had to assess whether the agreement met the standards set by the Act, including the minimum entitlements outlined in the National Employment Standards. The Commission also considered the process by which the agreement had been made, ensuring it adhered to the principles of good faith bargaining.

After careful consideration, the Commission found that the agreement met the criteria for approval. The terms and conditions of employment were deemed fair and reasonable, providing adequate protection for employees. The Commission also found that the process of negotiating the agreement was conducted in good faith, with proper consideration given to the interests of all parties involved. As such, the Commission approved the application for the Bridge Resources Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024, allowing it to come into effect.

The Fair Work Commission approved the application for the Bridge Resources Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024. This decision provides clarity and certainty for the parties involved and sets a precedent for future agreements in the industry. The Commission's approval ensures that the agreement will provide fair and reasonable terms and conditions of employment, while also adhering to the principles of good faith bargaining.

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