Foundation Civil & Mining Pty Ltd Trading AS Foundation Civil & Mining

Case

[2025] FWCA 3552

23 OCTOBER 2025


[2025] FWCA 3552

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Foundation Civil & Mining Pty Ltd Trading AS Foundation Civil & Mining

(AG2025/3440)

FOUNDATION CIVIL & MINING CIVIL CONSTRUCTION CFMEU/CEPU POWER STATIONS SITES ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries

DEPUTY PRESIDENT MASSON

MELBOURNE, 23 OCTOBER 2025

Application for approval of the Foundation Civil & Mining Civil Construction CFMEU/CEPU Power Stations Sites Enterprise Agreement 2025

  1. An application has been made for approval of an enterprise agreement known as the Foundation Civil & Mining Civil Construction CFMEU/CEPU Power Stations Sites Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Foundation Civil & Mining Pty Ltd (the Employer).

  1. The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

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

  1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry and Maritime Employees Union (CFMEU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 128V (CEPU) and that the Agreement covers these organisations.

  1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 7 days after approval. The nominal expiry date of the Agreement is 31 March 2028


DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE530867  PR792933>

Annexure A

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