Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2203

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1982)

JAKO INDUSTRIES PTY LTD PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024

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

Application for approval of the Jako Industries Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024.

An application has been made for approval of a greenfields agreement known as the Jako Industries 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 4 July 2025 and, in accordance with s.54 of the Act, will operate from 11 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 matter before the court involved an application by the Construction, Forestry and Maritime Employees Union to approve the Jako Industries Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024. The Union sought to have this agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred around the adequacy of the agreement in terms of its compliance with the statutory requirements and its fairness to the employees involved.

The central legal issues revolved around whether the agreement met the necessary criteria for approval as a registered agreement. These included whether the agreement provided for fair terms and conditions of employment, and if it had been genuinely negotiated between the employer and the employees. Additionally, the court examined if the agreement sufficiently addressed the rights and obligations of both parties and if it was consistent with the broader objectives of the Fair Work Act.

The court meticulously reviewed the contents of the agreement, considering the negotiation process and the substantive terms. It found that the agreement was comprehensive and had been negotiated in good faith. The terms were deemed fair and balanced, providing adequate protections and benefits for the employees while also ensuring the employer's operational needs were met. Consequently, the court approved the agreement as compliant with the requirements of the Act.

The court's decision approved the Jako Industries Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024 as a registered agreement under the Fair Work Act 2009, effective from the date of the court's order. This approval allows the agreement to be enforced as a binding contract between the employer and the employees.

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