Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1568

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1356)

ALL PANEL TANK SERVICES 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 All Panel Tank Services Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024

An application has been made for approval of a greenfields agreement known as the All Panel Tank Services 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 matter before the Fair Work Commission involved an application for the approval of a workplace agreement between the Construction, Forestry and Maritime Employees Union and All Panel Tank Services Pty Ltd for the Perdaman Ceres Project at Greenfields. The union sought to have the agreement recognised as a single-employer, multi-enterprise agreement, arguing it met the criteria under the Fair Work Act 2009. The company opposed the application on various grounds, including concerns about the agreement's scope and its compliance with legislative requirements.

The central legal issue before the Commission was whether the proposed agreement satisfied the criteria for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement was a genuine enterprise agreement, whether it complied with the relevant provisions of the Act, and if it was an appropriate and effective means of resolving the issues it covered. The Commission also had to assess the agreement's compliance with the National Employment Standards and the terms and conditions it contained.

In delivering its decision, the Commission found that the agreement was indeed a genuine enterprise agreement that met the requirements of the Fair Work Act. The Commission concluded that the agreement was appropriately negotiated, its terms were fair and reasonable, and it provided an effective means of resolving the employment issues covered. The Commission also determined that the agreement did not contravene any provisions of the Act and was compliant with the National Employment Standards. Consequently, the Commission approved the application, recognising the agreement as a single-employer, multi-enterprise agreement.

The Fair Work Commission approved the All Panel Tank Services Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024 as a single-employer, multi-enterprise agreement, effective from the date of the decision. The Commission's approval ensures that the agreement will govern the employment conditions of the employees covered by the agreement, providing a framework for resolving any future disputes between the union and the employer.

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