Paul Wood Trading AS Fitzgerald Constructions Australia Pty Ltd

[2025] FWCA 2273

[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

1. 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.

1. 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.

1. 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.

1. 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:

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

1. result in substantial changes to the Agreement.

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

1. 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.

1. 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.

1. 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

<AE529646  PR789076>

Annexure A