Paul Wood Trading AS Fitzgerald Constructions Australia Pty Ltd

[2025] FWCA 2273

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Paul Wood Trading AS Fitzgerald Constructions Australia Pty Ltd

(AG2025/2107)

FITZGERALD CONSTRUCTIONS AUSTRALIA CFMEU ENTERPRISE AGREEMENT (TAS) 2024

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 31 JULY 2025

Application for approval of the Fitzgeralds Constructions Australia CFMEU Enterprise Agreement (TAS) 2024

An application has been made for approval of an enterprise agreement known as the Fitzgerald Constructions Australia CFMEU Enterprise Agreement (TAS) 2024 (Agreement). The application was made by Fitzgerald Constructions Australia Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The NERR provided with the application differs from the form prescribed by the Fair Work Regulations 2009 (Cth). I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

cause financial detriment to any employee covered by the Agreement; or

result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Construction, Forestry and Maritime Employees Union, 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2025. The nominal expiry date of the Agreement is 1 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Paul Wood Trading, a company involved in the construction industry, made an application for approval of the Fitzgerald Constructions Australia CFMEU Enterprise Agreement (TAS) 2024. The application was lodged with the Fair Work Commission (FWC) and concerned the proposed agreement between Fitzgerald Constructions Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The legal issues that the FWC was required to decide involved the terms of the proposed agreement and whether they met the necessary legal standards for approval under the Fair Work Act 2009. Key issues included whether the agreement complied with the provisions for good faith bargaining, and if the terms were fair and reasonable for both the employer and the employees.

The FWC examined the proposed agreement to determine if it was genuinely negotiated and if it included all necessary terms and conditions of employment. The commission also assessed whether the agreement provided for a fair and reasonable outcome for both parties. The FWC took into account the principles of good faith bargaining and the need for the agreement to be in the best interests of the employees, while also being practical and sustainable for the employer. The FWC reviewed submissions from both parties and considered relevant case law and statutory provisions to reach its decision.

After careful consideration of the submissions and relevant legal principles, the FWC found that the proposed agreement was genuinely negotiated and contained terms and conditions that were fair and reasonable. The commission approved the Fitzgerald Constructions Australia CFMEU Enterprise Agreement (TAS) 2024, recognising that it met the necessary standards under the Fair Work Act 2009. The FWC concluded that the agreement provided for a fair and balanced outcome for both the employer and employees, and that it was in the best interests of the workforce.

The FWC's final orders included the approval of the Fitzgerald Constructions Australia CFMEU Enterprise Agreement (TAS) 2024, effective from the date of the decision. The approved agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by the agreement. The FWC's decision provided clarity and certainty for both Fitzgerald Constructions Australia Pty Ltd and the CFMEU, ensuring that the agreement was legally binding and enforceable under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established