Fairwind Aus Pty Ltd Summary

[2025] FWCA 2772

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Fairwind Aus Pty Ltd

(AG2025/2656)

FAIRWIND AUS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS WIND TURBINE ERECTION ENTERPRISE AGREEMENT GOLDEN PLAINS 2, 2025-2028

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 20 AUGUST 2025

Application for approval of the FAIRWIND AUS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Wind Turbine Erection Enterprise Agreement Golden Plains 2, 2025-2028

An application has been made for approval of an enterprise agreement known as the FAIRWIND AUS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Wind Turbine Erection Enterprise Agreement Golden Plains 2, 2025-2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Fairwind Aus Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 15 August 2025.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2028.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Fairwind Aus Pty Ltd, sought the approval of the Fairwind Aus Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Wind Turbine Erection Enterprise Agreement Golden Plains 2, 2025-2028. The applicant was a company engaged in the erection of wind turbines, and the CFMEU was a trade union representing workers in the construction industry. The application was heard in the Fair Work Commission, which is an Australian federal court that deals with workplace relations and industrial matters.

The primary legal issue before the Commission was whether the proposed enterprise agreement was in the best interests of the employees and complied with relevant industrial laws. The applicant argued that the agreement was necessary to ensure the efficient and safe operation of its business, while the union contended that certain provisions of the agreement were unfair and did not adequately protect the rights and interests of the employees. The Commission had to determine whether the agreement met the statutory requirements for approval, including being in the best interests of the employees and not being contrary to any relevant industrial laws.

In its decision, the Commission found that the proposed enterprise agreement was in the best interests of the employees and complied with the relevant industrial laws. The Commission noted that the agreement provided for a fair and reasonable set of terms and conditions for the employees, including provisions for wages, hours of work, and other employment-related matters. The Commission also found that the agreement did not contain any provisions that were contrary to any relevant industrial laws and that the applicant had acted in good faith in negotiating the agreement with the union. As a result, the Commission approved the proposed enterprise agreement, subject to certain modifications to ensure that it met the statutory requirements for approval.

The Commission made an order approving the Fairwind Aus Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Wind Turbine Erection Enterprise Agreement Golden Plains 2, 2025-2028, subject to the modifications outlined in the decision. The applicant was directed to take all necessary steps to give effect to the approved agreement, and the union was directed to take all necessary steps to inform its members of the approved agreement and to ensure that it was implemented in accordance with the terms of the agreement.

Fairwind Aus Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established