Foundation Civil & Mining Pty Ltd Trading AS Foundation Civil & Mining
[2025] FWCA 858
•11 MARCH 2025
| [2025] FWCA 858 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Foundation Civil & Mining Pty Ltd Trading AS Foundation Civil & Mining
(AG2025/539)
FOUNDATION CIVIL & MINING CIVIL CONSTRUCTION CFMEU/CEPU POWER STATIONS SITES ENTERPRISE AGREEMENT 2022
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 11 MARCH 2025 |
Application for approval of the Foundation Civil & Mining Civil Construction CFMEU/CEPU Power Stations Sites Enterprise Agreement 2022
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 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Foundation Civil & Mining Pty Ltd Trading AS Foundation Civil & Mining. 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 17 October 2024 and the Agreement was made on 18 February 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.
The Construction, Forestry and Maritime Employees Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 18 March 2025. The nominal expiry date of the Agreement is 31 March 2025.
DEPUTY PRESIDENT
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