| [2025] FWCA 606 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/252)
DYNAMIC HYDRO EXCAVATIONS PTY LTD QTMP BUILDING PROJECT AGREEMENT 2024–2028
| Manufacturing and associated industries | |
| COMMISSIONER LEE | MELBOURNE, 17 FEBRUARY 2025 |
Application for approval of the Dynamic Hydro Excavations Pty Ltd QTMP Building Project Agreement 2024–2028
An application has been made for approval of a greenfields agreement known as the Dynamic Hydro Excavations Pty Ltd QTMP Building Project Agreement 2024–2028 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union pursuant to s.185 of the Fair Work Act 2009 (Act).
This is a greenfields agreement that meets the requirements of section 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. 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 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 Construction, Forestry and Maritime Employees Union and that the Agreement covers this organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 February 2025. The nominal expiry date of the Agreement is 2 July 2028.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE528056 PR784412>
- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 606
- Case
- [2025] FWCA 606
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was in the best interests of the employees, whether it provided for fair and reasonable terms and conditions, and if it complied with the relevant provisions of the Fair Work Act. The court also considered the fairness and reasonableness of the agreement in light of the principles of good faith bargaining and the need to balance the interests of both employers and employees.
In its decision, the Fair Work Commission examined the provisions of the proposed agreement in detail. The court found that the agreement generally met the requirements for approval. It provided for a structured training and maintenance plan that was likely to benefit both the employer and the employees by ensuring a skilled workforce and maintaining high safety standards. The court considered the terms and conditions to be fair and reasonable, taking into account the specific nature of the industry and the need for specialised training. The Commission concluded that the agreement was in the best interests of the employees and did not contravene any relevant provisions of the Fair Work Act.
The Fair Work Commission approved the Dynamic Hydro Excavations Pty Ltd QTMP Building Project Agreement 2024–2028, subject to certain conditions aimed at ensuring ongoing compliance with the Fair Work Act. The agreement was set to commence on the effective date of the approval, with provisions for regular review and the ability to make amendments in accordance with the Act.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.