Construction, Forestry and Maritime Employees Union

[2025] FWCA 323

[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

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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

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