Georgiou Group Pty Ltd Summary

[2025] FWCA 2597

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Georgiou Group Pty Ltd

(AG2025/2420)

GEORGIOU/BMD/CIVCON AND CFMEU (WA) AND AWU (TONKIN HIGHWAY EXTENSION) GREENFIELDS AGREEMENT 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 5 AUGUST 2025

Application for approval of the Georgiou/BMD/Civcon and CFMEU (WA) and AWU (Tonkin Highway Extension) Greenfields Agreement 2025.

An application has been made for approval of a greenfields agreement known as the Georgiou/BMD/Civcon and CFMEU (WA) and AWU (Tonkin Highway Extension) Greenfields Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by one of the three employers covered by the Agreement, Georgiou Group Pty Ltd.

This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186, 187, 193 and 193A of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union (AWU) and Construction, Forestry and Maritime Employees Union (CFMEU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AWU and CFMEU, and that the Agreement covers these organisations.

The Agreement was approved on 5 August 2025 and will come into operation in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of an industrial agreement between Georgiou Group Pty Ltd, BMD Constructions Pty Ltd, Civcon Pty Ltd, the Construction, Forestry, Maritime, Mining and Energy Union (WA Branch), and the Australian Workers’ Union (Tonkin Highway Extension). The application was brought before the Fair Work Commission (FWC), which is the body responsible for approving such agreements under the Fair Work Act 2009 (Cth). The primary dispute centred on whether the agreement complied with the statutory requirements for greenfields agreements and if it appropriately addressed the terms and conditions for workers employed on the specified projects.

The key legal issues before the Commission included whether the proposed agreement met the statutory criteria for a greenfields agreement, and if it provided fair and reasonable terms for employees. The Commission had to consider the balance between protecting the rights of employees and the legitimate operational needs of the employers. Additionally, it was necessary to assess whether the agreement included adequate provisions for dispute resolution and whether the agreement's terms were clear, accessible, and enforceable.

The Fair Work Commission found that the agreement met the statutory requirements for a greenfields agreement and provided fair and reasonable terms for employees. The Commission noted that the agreement included detailed provisions for wages, conditions, and dispute resolution mechanisms, which were in line with the statutory framework. The Commission was satisfied that the agreement was clear and enforceable, and that it provided for the fair treatment of employees while also meeting the operational needs of the parties involved. Therefore, the Commission approved the agreement, recognising its compliance with the necessary legal standards.

The final orders of the Commission were that the proposed agreement between Georgiou Group Pty Ltd, BMD Constructions Pty Ltd, Civcon Pty Ltd, the Construction, Forestry, Maritime, Mining and Energy Union (WA Branch), and the Australian Workers’ Union (Tonkin Highway Extension) be approved. The approval was contingent upon the agreement being implemented and enforced in accordance with the terms set out in the approved document.

Georgiou Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established