Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2202

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2002)

TITAN COMMUNICATIONS 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 Titan Communications Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024.

An application has been made for approval of a greenfields agreement known as the Titan Communications 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 Construction, Forestry and Maritime Employees Union applied to the Fair Work Commission for the approval of a Per Da agreement between Titan Communications Pty Ltd and its employees, covering the Ceres Project at Greenfields. The agreement was intended to provide terms and conditions of employment for workers involved in the project. The Union sought to have the agreement approved as a Protected Industrial Agreement, allowing it to be enforceable without the need for individual workers to opt-in.

The legal issues before the Commission included whether the agreement met the statutory requirements for approval as a Protected Industrial Agreement, including whether it contained minimum terms and conditions as prescribed by the Fair Work Act 2009, and whether the agreement was made in good faith and without coercion. The Union argued that the agreement was necessary to provide certainty and stability for the workforce during the project, while the employer contended that the agreement was appropriate given the specific circumstances of the project.

The Commission found that the agreement contained the necessary minimum terms and conditions and was made in good faith without any evidence of coercion. The agreement was deemed to be appropriate for the specific circumstances of the project and would provide stability and certainty for the workforce. The Commission approved the agreement as a Protected Industrial Agreement, enabling it to be enforceable without the need for individual workers to opt-in.

The Commission made an order approving the Titan Communications Pty Ltd Per Da Agreement 2024 as a Protected Industrial Agreement. The agreement was to commence on the date of the Commission's decision and would remain in effect until it was terminated in accordance with its terms or until it was replaced by a new agreement. The Union was authorised to take such steps as were necessary to give effect to the approved agreement.

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