[2025] FWCFB 263
Citation: [2025] FWCFB 263
What happened
Hawthorne Civil Pty Ltd and the Construction, Forestry and Maritime Employees Union (CFMEU) created a greenfields agreement for the Gold Coast Light Rail Stage 3 Project. The Australian Workers’ Union (AWU) appealed a decision approving this agreement, arguing the CFMEU couldn’t represent a majority of employees. The agreement covers employees on the project, classifying them as Construction Worker/Labourer or Plumbing and Mechanical Services. Hawthorne signed the agreement on 9 June 2025, and the CFMEU on 10 June 2025. The CEPU did not sign the agreement. The Commissioner initially approved the agreement, but this decision is now being appealed.
What was decided
The Fair Work Commission Full Bench (FWCFB) has overturned the initial decision to approve the Hawthorne Civil Pty Ltd and CFMEU agreement. The FWC found the Commissioner erred in approving the agreement because there was no sufficient evidence to confirm the CFMEU could represent a majority of employees. The application for approval of the agreement has been dismissed. The decision hinged on whether the CFMEU could legitimately represent the industrial interests of a majority of employees.
What it means for employers
Employers entering into greenfields agreements must ensure the employee organisation representing them can genuinely represent a majority of employees. Employers need to provide robust evidence to support this representation. The FWC will scrutinise the evidence provided to determine if the requirement is met. Failing to do so can lead to the agreement being quashed.
What it means for employees
Employees should be aware of which unions are involved in agreements covering their work. If an employee believes their union is not adequately representing their interests, they can raise concerns and potentially challenge the agreement’s validity.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwcfb263.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →