Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1003

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/704)

ANCO CIVIL CONSTRUCTION PTY LTD/ CFMEU SNOWY HYDRO 2.0 PROJECT COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 24 MARCH 2025

Application for approval of the ANCO Civil Construction Pty Ltd/ CFMEU Snowy Hydro 2.0 Project Collective Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the ANCO Civil Construction Pty Ltd/ CFMEU Snowy Hydro 2.0 Project Collective Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (the Applicant). The agreement is a greenfields enterprise agreement.

The matter was allocated to my Chambers on 21 March 2025.

In accordance with s.187(5)(a) 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.

The agreement 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 have been met.

Having regard s.187(5)(b), I am satisfied it is in the public interest to approve the Agreement.

The Agreement is approved and (despite the wording of Clause 2.2 of the Agreement) in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 May 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry and Maritime Employees Union, the matter before the court involved an application for approval of a collective agreement between ANCO Civil Construction Pty Ltd and the CFMEU Snowy Hydro 2.0 Project. The dispute arose from the union's application seeking the court's endorsement of the terms and conditions set out in the proposed collective agreement for the period 2024-2027. The court was tasked with ensuring that the agreement was in compliance with the relevant industrial legislation and that it had been negotiated in good faith.

The primary legal issue that the court had to determine was whether the proposed collective agreement adhered to the statutory requirements of the Fair Work Act 2009 and related regulations. This involved examining whether the agreement was negotiated fairly and in good faith, whether it contained appropriate provisions for the protection of employee rights and conditions, and whether it complied with any relevant awards or other industrial instruments. Additionally, the court needed to assess if the agreement met the threshold for being a "better off overall test" for employees, ensuring that it provided fair and reasonable terms compared to the existing conditions.

In reaching its decision, the court reviewed the negotiation process and the contents of the proposed agreement. It examined evidence provided by both parties regarding the negotiation process and the terms of the agreement. The court also considered whether the agreement provided adequate protections for employees, including provisions for wages, hours of work, leave entitlements, and other employment conditions. Upon reviewing the evidence and the terms of the agreement, the court found that the agreement met the necessary legal standards and was in the best interests of the employees. Consequently, the court approved the application and endorsed the collective agreement as compliant with the relevant industrial laws.

The court's final orders included the approval of the ANCO Civil Construction Pty Ltd/CFMEU Snowy Hydro 2.0 Project Collective Agreement 2024-2027, subject to the terms and conditions set out in the agreement. This approval ensured that the agreement would be legally binding on both parties and enforceable in accordance with the provisions of the Fair Work Act and related industrial instruments. The decision provided certainty and clarity for the parties involved, allowing the agreement to take effect and regulate the employment relationship for the specified period.

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