Construction, Forestry and Maritime Employees Union

[2025] FWCA 323

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Construction, Forestry and Maritime Employees Union

(AG2025/78)

BLAIZE HOLDINGS PTY LTD PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 JANUARY 2025

Application for approval of the Blaize Holdings Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024

An application has been made for approval of an enterprise agreement known as the Blaize Holdings Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 26 November 2024 and the Agreement was made on 14 January 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

I note that several clauses are inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Building and Construction General On-site Award 2020 (the Award) is taken to be a term of the Agreement.

The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 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 applied to the Fair Work Commission for approval of the Blaize Holdings Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024. The agreement related to the terms and conditions of employment for workers involved in the Perdaman Ceres Project. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement complied with the Act and was in the interests of the employees it covered.

The primary legal issue was whether the agreement provided for fair and reasonable terms and conditions for the employees. The Commission had to consider various factors, including whether the agreement allowed for fair remuneration, reasonable hours of work, and provided adequate protections against adverse actions. The Union argued that the agreement was fair and reasonable, while Blaize Holdings contended that certain provisions were not in the best interests of the employees. The Commission needed to assess these arguments and determine if the agreement was fit for approval.

After thorough consideration of the arguments and evidence presented, the Commission found that the agreement did meet the statutory requirements for approval. The Commission concluded that the agreement provided for fair and reasonable terms and conditions for the employees. The Commission was satisfied that the agreement allowed for fair remuneration, reasonable hours of work, and provided adequate protections against adverse actions. Consequently, the Commission approved the Blaize Holdings Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024. The Union's application was therefore successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established