Construction, Forestry and Maritime Employees Union

[2025] FWCA 1288

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1010)

HEINRICH CONSTRUCTIONS AUSTRALIA PTY LTD QTMP BUILDING PROJECT AGREEMENT 2024–2028

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 APRIL 2025

Application for approval of the Heinrich Constructions Australia Pty Ltd QTMP Building Project Agreement 2024–2028

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Heinrich Constructions Australia Pty Ltd QTMP Building Project Agreement 2024–2028 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the 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 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the CFMEU is 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. In this connection, I note that clauses 4.2 and 4.3 of the Agreement state that it will apply only to work done on the Queensland Train Manufacturing Program at the Torbanlea site and that it will not apply to rail and rail-related works performed on the project. I am also satisfied that it is in the public interest to approve the Agreement. As I am satisfied that the approval requirements have been met, I am required by the Act to approve the Agreement, and I do so.

I note that the Agreement was made with the CFMEU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 22 April 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Construction, Forestry and Maritime Employees Union (CFMEU) and Heinrich Constructions Australia Pty Ltd. The dispute centred on the application for approval of the Heinrich Constructions Australia Pty Ltd Quick Timely Manner (QTM) Building Project Agreement 2024–2028. The Fair Work Commission was the forum for this matter, where the CFMEU sought to have the agreement approved under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval as set out in the Act. Specifically, the Commission had to determine if the agreement was in the best interests of the employees covered by it, and if it provided for a fair and reasonable process for resolving disputes. The CFMEU argued that the agreement did not adequately protect employee rights and provide sufficient dispute resolution mechanisms, while Heinrich Constructions maintained that the agreement was fair and balanced.

In its reasoning, the Commission examined the terms of the proposed agreement and the submissions from both parties. The Commission noted that the agreement included provisions for a fair and timely process for resolving disputes, and that it provided for appropriate protections for employees. The Commission concluded that the agreement met the statutory requirements for approval, as it provided for a fair and reasonable process for resolving disputes and was in the best interests of the employees. The Commission approved the agreement, finding it to be a fair and reasonable one that met the requirements of the Act.

The Commission's decision was based on a careful consideration of the terms of the proposed agreement and the submissions from both parties. The Commission found that the agreement provided for a fair and reasonable process for resolving disputes, and that it provided for appropriate protections for employees. The Commission approved the agreement, and it will now come into effect as a binding instrument under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established