[2025] FWCA 2640
What happened
Hawthorne Civil Pty Ltd sought approval for a Greenfields agreement, the GOLD COAST LIGHT RAIL STAGE 3 PROJECT AGREEMENT, with the Construction, Forestry and Maritime Employees Union (CFMEU). The Australian Workers Union (AWU) challenged the CFMEU’s right to represent a majority of employees and raised concerns about the public interest. the employer’s General Manager, and a representative of the CFMEU provided statutory declarations confirming the CFMEU’s representation rights. An email from the employer’s General Manager to a representative of the CFMEU detailed work requirements for the project. The AWU challenged the CFMEU’s representation of ‘Formwork Labourer’.
What was decided
The Fair Work Commission approved the Greenfields agreement. the Commissioner found the CFMEU was entitled to represent a majority of employees covered by the agreement. The Commission accepted the employer’s and CFMEU’s statements regarding the agreement's benefits, including industrial certainty and comparable wages. The AWU’s challenge regarding the CFMEU’s representation of ‘Formwork Labourer’ was largely dismissed. The agreement will operate from 15 August 2025, expiring on 8 August 2029.
What it means for employers
Employers entering into Greenfields agreements must ensure accurate representation declarations are made regarding union coverage. Providing clear and detailed information about project requirements, as demonstrated in the email, can help clarify union roles and responsibilities. The Commission generally accepts statutory declarations as truthful unless challenged with evidence.
What it means for employees
Employees should be aware of which unions represent them and their rights under Greenfields agreements. The agreement provides for comparable wages and conditions to similar projects. The Commission considers the public interest when approving agreements, ensuring they don't disadvantage employees.
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