Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 361

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/130)

EIRE TOTAL ACCESS PTY LTD PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 30 JANUARY 2025

Application for approval of the Eire Total Access Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024

An application has been made for approval of a greenfields agreement known as the Eire Total Access 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, and 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 CFMEU, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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: s. 187(5)(b).

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

The Agreement was approved on 30 January 2025 and, in accordance with s.54, will operate from 6 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 matter before the Court involved an application by the Construction, Forestry and Maritime Employees Union to have the Eire Total Access Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024 approved. The dispute centred around whether the proposed agreement met the statutory criteria for approval under the relevant industrial legislation. The application was heard in the Fair Work Commission.

The primary legal issues addressed by the Commission included whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it provided appropriate protections for employees. Specifically, the Commission needed to assess if the agreement was fair, did not undermine the existing award or enterprise agreement, and was made in good faith. The Commission also considered whether the agreement appropriately balanced the interests of both employers and employees.

The Commission found that the proposed agreement was fair and did not undermine the existing award or enterprise agreement. It concluded that the agreement was made in good faith and provided adequate protections for employees. The Commission considered the evidence presented on both sides and examined the specific provisions of the agreement. The Commission concluded that the agreement met the statutory criteria for approval and was in the best interests of all parties involved.

Accordingly, the Commission approved the Eire Total Access Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024, as it met the necessary legal standards. The approval was based on the evidence provided and the Commission's assessment of the agreement's compliance with the relevant industrial legislation. The decision confirmed the validity of the agreement, allowing it to be implemented as intended.

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