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

[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

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).

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.

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.

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.

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

Annexure A

CaseChat Overview and Summary

Foundation Civil & Mining Pty Ltd, trading as Foundation Civil & Mining, applied to the Fair Work Commission for the approval of a proposed enterprise agreement. The agreement was intended to apply to employees who work on the civil construction of power stations for the CFMEU/CEPU. The applicants sought the agreement's approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the criteria for approval as a simple or low-paid modern award.

The central legal issue was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the Commission had to consider if the agreement was a 'low-paid' agreement, which would allow for the payment of a lower minimum wage rate than that provided in the applicable modern award. The Commission also had to assess whether the agreement met the criteria for a simple modern award agreement, which would require it to be free from prohibited content and to have been made in good faith.

The Fair Work Commission found that the proposed agreement was a low-paid agreement, as it provided for lower minimum wage rates than those stipulated in the relevant modern award. The Commission considered that the agreement was made in good faith and was free from prohibited content. The Commission concluded that the agreement met the necessary requirements for approval and was in the best interests of the employees covered by the agreement. The Commission approved the proposed enterprise agreement, which will now apply to the relevant employees.

The Commission made an order approving the Foundation Civil & Mining Civil Construction CFMEU/CEPU Power Stations Sites Enterprise Agreement 2025, effective from 1 July 2020. The agreement will apply to employees who work on the civil construction of power stations for the CFMEU/CEPU. The approved agreement provides for lower minimum wage rates than those stipulated in the relevant modern award, as well as other terms and conditions of employment. The approval of the agreement is subject to the usual conditions, including the requirement for the applicants to provide a copy of the approved agreement to each employee covered by the agreement within 20 business days of the approval.

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