Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2214

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1670)

GVK QLD REO PTY LTD QTMP BUILDING PROJECT AGREEMENT 2024–2028

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 JULY 2025

Application for approval of the GVK QLD Reo Pty Ltd QTMP Building Project Agreement 2024–2028

An application has been made for approval of an enterprise agreement known as the GVK QLD Reo Pty Ltd QTMP Building Project Agreement 2024–2028 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertaking 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

The Construction, Forestry and Maritime Employees 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 is approved and, in accordance with s 54 of the Act, will operate from 11 July 2025. The nominal expiry date of the Agreement is 2 July 2028.

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 lodged an application seeking approval of a proposed agreement between GVK QLD Reo Pty Ltd and its employees. The proposed agreement, the GVK QLD Reo Pty Ltd QTMP Building Project Agreement 2024–2028, was intended to establish terms and conditions for the employees over the specified period. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of ensuring a fair and balanced outcome for both parties.

The central legal issues before the Commission were whether the proposed agreement contained appropriate mechanisms for resolving disputes, provided adequate protection for employee rights, and balanced the interests of both the employer and the employees. Additionally, the Commission had to determine if the agreement complied with the 'better off overall test', ensuring that employees were not worse off financially or in terms of conditions compared to the existing enterprise agreement, if any.

The Fair Work Commission carefully examined the proposed agreement, assessing it against the statutory criteria set out in the Fair Work Act. The Commission noted that the agreement included provisions for dispute resolution and employee protections, which were generally in line with legal standards. However, the Commission identified certain clauses that required modification to ensure they met the 'better off overall test'. After negotiating revisions to the agreement, the Commission concluded that the amended version satisfied all legal requirements and approved the agreement, finding that it provided a fair and balanced outcome for both the employer and employees.

In approving the agreement, the Fair Work Commission made an order that the GVK QLD Reo Pty Ltd QTMP Building Project Agreement 2024–2028 be approved as a registered agreement under the Fair Work Act, with the specified amendments. The Commission mandated that the agreement be implemented from the effective date as outlined in the document, and that any disputes arising under the agreement be referred to the Commission for resolution.

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