Construction, Forestry and Maritime Employees Union

[2025] FWCA 1115

[2025] FWCA 1115

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Construction, Forestry and Maritime Employees Union

(AG2025/753)

SHEVGROUP AND CFMEU ACT ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 22 APRIL 2025

Application for approval of the ShevGroup and CFMEU ACT Enterprise Agreement 2021

1. An application has been made for approval of a greenfields agreement known as the ShevGroup and CFMEU ACT Enterprise Agreement 2021 (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).

1. The employer covered by the Agreement is Dev Con #0 Pty Ltd (Employer). ASIC records indicate that the ABN for this entity has been active since 20 December 2013 and the entity has been registered for GST since 1 January 2014. The Employer’s website also referred to certain projects. In these circumstances the Commission sought further information to clarify whether the Agreement relates to a genuine new enterprise (including a new business, activity, project or undertaking) which is made at a time when the employer or employers have not yet employed any of the persons who will be necessary for the normal conduct of the enterprise and who will be covered by the agreement pursuant to s.172(2) of the Act. The Applicant provided information addressing this question and by way of summary submitted:

• Mr Shevlin became a Director and shareholder of the Employer in 2024 and his involvement has led to the commencement of a new enterprise in the construction industry;

• in particular, the Employer is proposing to provide services as a principal contractor in the construction industry (Services) and this is the Employer’s new enterprise;

• while the Employer was incorporated in 2013, it has not previously provided the Services;

• while the Employer’s website refers to completed projects in the construction industry, these projects have been completed with the involvement of persons employed by the Employer but not the Employer itself;

• it remains the case that on commencing to trade as ShevGroup in 2023, the Employer has not employed any person performing work of the kind to be covered by the Agreement at this time.

1. Having regard to the above and based on the materials before the Commission, I am satisfied that this is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

1. In accordance with s.187(5) of the Act, I am satisfied that the Construction, Forestry and Maritime Employees Union is 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.

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

1. Pursuant to s.53(2)(b) of the Act, I note that the Agreement was made with the Construction, Forestry and Maritime Employees Union and that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 April 2025. The nominal expiry date of the Agreement is 1 November 2025.

COMMISSIONER

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