Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1624

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1357)

TANK INDUSTRIES AUSTRALIA PTY LTD PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 23 MAY 2025

Application for approval of the Tank Industries Australia Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024

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

This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

In accordance with s.187(5) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australia Manufacturing Workers’ Union (AWMU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Construction, Forestry and Maritime Employees Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the work that is to be performed under it, and that it is in the public interest to approve the Agreement.

I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 4(1) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 May 2025. The nominal expiry date of the Agreement is 9 May 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

The case before the Fair Work Commission involves an application by the Construction, Forestry and Maritime Employees Union for the approval of the Tank Industries Australia Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024. The agreement is a proposed enterprise agreement under the Fair Work Act 2009, and the union seeks the Commission's endorsement to ensure its enforceability. The primary dispute centres on the terms and conditions of employment outlined in the agreement and whether they comply with the relevant statutory requirements.

The central legal issues the Commission had to address were whether the agreement was made in good faith, whether it was genuinely an agreement between the parties, and whether it contained the necessary provisions to be considered a simplified agreement. Additionally, the Commission examined whether the agreement provided for a proper process for resolving disputes and whether it adequately addressed the interests of the employees.

In reaching its decision, the Commission noted that the agreement had been negotiated in good faith and was a genuine agreement between the parties. The Commission found that the agreement contained all the necessary provisions for a simplified agreement and provided for a dispute resolution process. The Commission was satisfied that the agreement met the statutory requirements and would adequately protect the interests of the employees. Consequently, the Commission approved the agreement, finding it to be in compliance with the Fair Work Act.

The Fair Work Commission approved the Tank Industries Australia Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024. This decision grants the agreement enforceability and ensures that the terms and conditions outlined within it will apply to the employees involved. The approval marks the conclusion of the negotiation process and allows the agreement to take effect, providing a stable framework for the employment relationship between the parties.

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