Application by Civmec Construction And Engineering Pty Ltd
Citation: [2026] FWCA 1834
What happened
Civmec Construction And Engineering Pty Ltd applied for approval of an enterprise agreement, named the Civmec Construction & Engineering Pty Ltd, AMWU, AWU, CEPU and CFMEU - Snowy 2.0 Project Surface Works Agreement 2026 – 2029. The agreement covers employees in the building, metal and civil construction industries working on the Snowy 2.0 project. Four unions—the Construction, Forestry and Maritime Employees Union (CFMEU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) and the Australian Workers’ Union (AWU)—were involved in negotiating the agreement.
What was decided
The Fair Work Commission approved the enterprise agreement. The Deputy President found that the agreement met all relevant requirements of the Fair Work Act 2009, including those relating to union representation and public interest. The agreement will operate from seven days after approval and expires on May 1, 2029. Any inconsistencies between clauses in the agreement and the National Employment Standards (NES) will be resolved in favour of the NES due to a precedence clause within the agreement.
What it means for employers
Employers should ensure any enterprise agreements they negotiate comply with all requirements of the Fair Work Act, including those relating to union representation and public interest. Agreements must also consider potential conflicts with the National Employment Standards and include appropriate precedence clauses to resolve any inconsistencies.
What it means for employees
Employees covered by this agreement will benefit from the terms negotiated between Civmec Construction And Engineering Pty Ltd and the four unions. The agreement’s provisions are subject to the precedence of the National Employment Standards in case of conflict.
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This summary was drafted 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 →