Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 620

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/281)

FAGIOLI AUSTRALIA PTY LTD PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 17 FEBRUARY 2025

Application for approval of the Fagioli Australia Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024.

An application has been made for approval of a greenfields agreement known as the Fagioli Australia Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (CFMEU) pursuant to s.185 of the Fair Work Act 2009 (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, 187, 193 and 193A of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and CFMEU are 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. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU, CEPU and CFMEU, and that the Agreement covers these organisations.

The Agreement was approved on 17 February 2025 and, in accordance with s.54 of the Act, will operate from 24 February 2025. The nominal expiry date of the Agreement is 16 February 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Construction, Forestry and Maritime Employees Union, the applicant sought approval of the Fagioli Australia Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024. This agreement was proposed as a greenfields agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements and whether it was fair and appropriate in all respects.

The court was tasked with determining whether the proposed agreement complied with the provisions of the Fair Work Act, particularly in relation to the substantive terms and conditions it proposed. It was also necessary to consider whether the agreement would promote harmonious, productive and cooperative workplace relations, as required by the Act. Additionally, the court had to assess whether the agreement provided adequate protections and benefits for employees and whether it was consistent with the principles of enterprise bargaining.

The court carefully examined the contents of the proposed agreement, taking into account the submissions from both the applicant union and other interested parties. After thorough analysis, the court concluded that the agreement did indeed meet the statutory requirements and was fair and appropriate in all respects. The agreement was found to provide adequate protections and benefits for employees while also promoting cooperative workplace relations. Consequently, the court approved the application for the agreement to be registered.

The final orders of the court were that the Fagioli Australia Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024 be approved and registered under the Fair Work Act 2009. This decision provided clarity and certainty for both the employer and employees regarding the terms and conditions of their employment, effective from the date of registration.

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