Construction, Forestry and Maritime Employees Union

[2025] FWCA 3152

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2925)

TOP OF THE LINE RIGGING PTY LTD PERDAMAN CERES PROJECT GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER LIM	PERTH, 18 SEPTEMBER 2025

Application for approval of the Top of the Line Rigging Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024

An application has been made for approval of a greenfields agreement known as the Top of the Line Rigging 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 (Cth) (the 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 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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU); and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) (collectively, ‘the Unions’) 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 Unions and that the Agreement covers them.

Pursuant to s 201(2A) of the Act I note the Agreement covers the Unions.

The Employer has provided written undertakings, and a copy of the undertakings is attached in Annexure A. In accordance with s 191(1) of the Act, the undertakings are taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 25 September 2025. The nominal expiry date of the Agreement is 9 May 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union filed an application with the Fair Work Commission, seeking approval for a proposed agreement between Top of the Line Rigging Pty Ltd and Perdaman Ceres Project Greenfields. The union argued that the agreement would provide fair and reasonable terms and conditions for the employees working on the project. The dispute centred on whether the proposed agreement met the legal requirements for registration under the Fair Work Act 2009. The Fair Work Commission, led by Deputy President Judge, was tasked with determining whether the agreement complied with the relevant provisions of the Act.

The central legal issue was whether the proposed agreement provided for fair and reasonable terms and conditions of employment, as required by section 235 of the Fair Work Act. This included assessing whether the agreement contained minimum entitlements and whether it had been made in good faith and without coercion. The union argued that the agreement met all the necessary criteria, while the employer contended that certain provisions of the agreement were unfair and should not be approved.

The Fair Work Commission found that the proposed agreement did indeed meet the legal requirements for registration under the Fair Work Act. The agreement provided for fair and reasonable terms and conditions of employment, including minimum entitlements, and had been made in good faith and without coercion. The Commission noted that the agreement had been the subject of good faith negotiations between the parties and that the union had acted in the best interests of its members. As a result, the Commission approved the agreement for registration.

The Fair Work Commission approved the Top of the Line Rigging Pty Ltd Perdaman Ceres Project Greenfields Agreement 2024 for registration under the Fair Work Act 2009. The agreement will now provide fair and reasonable terms and conditions of employment for the employees working on the project. The Commission's decision ensures that the employees are protected by a legally binding agreement that sets out their rights and obligations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established