Construction, Forestry and Maritime Employees Union

[2025] FWCA 3481

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3396)

AUSTWIDE AIRCONDITIONING & REFRIGERATION INSTALLATION PTY LTD PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 OCTOBER 2025

Application for approval of Austwide Airconditioning & Refrigeration Installation Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024

An application has been made for approval of an enterprise agreement known as the Austwide Airconditioning & Refrigeration Installation Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024 (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.

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 (CFMEU), the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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 Clauses 26(6), 28, 30(3), 27(4) may be inconsistent with the National Employment Standards. However, given the National Employment Standards precedence clause contained in Clause 4.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail in the event of any inconsistency.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CFMEU, the AMWU and the CEPU; and that the Agreement covers these organisations.
The Agreement is approved and, in accordance with s 54 of the Act, will operate from 7 days after approval. 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 sought approval for the Austwide Airconditioning & Refrigeration Installation Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024, an enterprise agreement under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the requirements for registration and approval. The primary concern was whether the agreement had been made in accordance with the statutory provisions, particularly focusing on the representation of employees and the fairness of the terms.

The court examined whether the union had genuinely represented the employees and whether the agreement had been made free from any improper influence or coercion. The central legal issue was whether the agreement complied with the formal requirements and substantive standards set out in the Fair Work Act. This included verifying that the agreement had been made in good faith and that it did not contain any terms that were contrary to public policy or that had been made under duress.

The Fair Work Commission found that the agreement had been made in compliance with the statutory requirements. The commission was satisfied that the union had appropriately represented the employees and that the terms of the agreement were fair and reasonable. The court concluded that the agreement met the necessary standards for approval and did not contravene any public policy or statutory requirements. The commission granted the application for approval of the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established