Application by Construct Trades Pty Ltd
Citation: [2026] FWCA 2099
What happened
Construct Trades Pty Ltd, a company in the building, metal and civil construction industries, sought approval for an enterprise agreement called the AMWU & Construct Trades Pty Ltd Metal & Engineering On-Site Construction Agreement 2026 – 2029. The Australian Manufacturing Workers Union (AMWU) made the application to the Fair Work Commission under section 185 of the Fair Work Act 2009. This was a 'greenfields' agreement, meaning it applied to a new or expanding workplace.
What was decided
The Fair Work Commission approved the enterprise agreement on August 11, 2026. The Commissioner found that the agreement met the requirements of sections 172(2)(b), 186 and 187 of the Fair Work Act 2009. The Commission also confirmed the AMWU represented a majority of employees covered by the agreement, and approval was in the public interest. As stated, 'I am satisfied that each of the requirements...have been met.'
What it means for employers
Employers entering into enterprise agreements should ensure they meet all relevant sections of the Fair Work Act 2009, including those relating to union representation and public interest considerations.
What it means for employees
Employees covered by the agreement will have their terms and conditions of employment governed by the AMWU & Construct Trades Pty Ltd Metal & Engineering On-Site Construction Agreement 2026 – 2029. They should review the details of the agreement to understand their rights and obligations.
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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 →