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

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, Foundation Civil & Mining Pty Ltd, trading as Foundation Civil & Mining, applied for the approval of the Foundation Civil & Mining Civil Construction CFMEU/CEPU Power Stations Sites Enterprise Agreement 2022. The dispute revolves around the terms and conditions of employment for workers within the civil construction industry, specifically those employed on power station sites. The parties involved include Foundation Civil & Mining and the relevant trade unions, CFMEU and CEPU.

The primary legal issues before the Commission were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for registration under section 232 of the Act. This included assessing whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it had been genuinely agreed upon by the employer and employees. The Commission also had to consider whether the agreement provided for a fair and efficient bargaining process, and if the agreement was consistent with the principles of the Fair Work Act.

In determining the application, the Commission considered the evidence presented by both the employer and the unions. The Commission found that the proposed enterprise agreement did indeed meet the legislative requirements for approval. It was concluded that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been genuinely agreed upon by the parties. The agreement was also found to be consistent with the principles of the Fair Work Act, providing for a fair and efficient bargaining process. Based on this analysis, the Commission approved the application for the enterprise agreement.

The final orders of the Commission included the approval of the Foundation Civil & Mining Civil Construction CFMEU/CEPU Power Stations Sites Enterprise Agreement 2022, which is now to be registered with the Fair Work Commission. This decision provides clarity for the employer and employees regarding the terms and conditions of employment, and establishes the legal framework for their relationship moving forward.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established