Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 619

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/280)

MONADELPHOUS ENGINEERING ASSOCIATES 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 Monadelphous Engineering Associates Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024.

An application has been made for approval of a greenfields agreement known as the Monadelphous Engineering Associates 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 9 May 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union recently sought approval for the Monadelphous Engineering Associates Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024 in the Fair Work Commission. The agreement pertains to a range of employment conditions and terms between the union and the company, encompassing aspects such as wages, working hours, and dispute resolution mechanisms. The case centred on whether the proposed agreement met the necessary standards and criteria under Australian labour law for such agreements to be considered fair and reasonable.

The legal issues the court was required to decide involved the validity and fairness of the proposed agreement under the Fair Work Act 2009. The court had to assess if the agreement provided for a minimum set of rights and conditions, and whether it was made in good faith and without coercion. Additionally, the court examined whether the agreement complied with the Fair Work Commission's guidelines and whether it appropriately balanced the interests of both the employees and the employer.

In its decision, the court carefully reviewed the terms of the agreement, considering evidence from both parties. The court found that the agreement was comprehensive and provided for fair and reasonable terms and conditions of employment. It concluded that the agreement was made in good faith, without any elements of coercion, and adequately protected the interests of the employees. The court further determined that the agreement complied with the Fair Work Act and the guidelines set by the Fair Work Commission. Consequently, the court approved the agreement, recognising its fairness and compliance with relevant labour laws.

The court’s final order was to approve the Monadelphous Engineering Associates Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024, confirming its validity and suitability for implementation. This decision provided certainty and legal backing to the agreement, ensuring that both the union and the company could proceed with their operations under the terms of the approved agreement.

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