Construction, Forestry and Maritime Employees Union

Case

[2025] FWCA 1288

22 APRIL 2025


[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

  1. 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).

  1. 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.

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

  1. The Agreement was approved on 22 April 2025.

DEPUTY PRESIDENT
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