austlii:cth/FWCA/2026/655
General information, not legal advice.
FWCA
2026-03-16
Original judgment source is linked above.
[2026] FWCA 655 [Note: a correction has been issued to this document]
s.185 - Application for approval of a greenfields agreement
CPB CONTRACTORS & ACCIONA CONSTRUCTION AUSTRALIA - LOGAN AND GOLD COAST FASTER RAIL (RAIL PACKAGE) GREENFIELDS AGREEMENT 2026-2030
Application for approval of the CPB Contractors & Acciona Construction Australia - Logan and Gold Coast Faster Rail (Rail Package) Greenfields Agreement 2026-2030
[1] This decision deals with an application made for approval of an enterprise agreement known as the CPB Contractors & Acciona Construction Australia - Logan and Gold Coast Faster Rail (Rail Package) Greenfields Agreement 2026-2030 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Acciona Construction Australia Pty Ltd (the Applicant).
[2] The Agreement is a multi-enterprise agreement. The Agreement covers two employer entities, Acciona Construction Australia Pty Ltd and CPB Contractors Pty Limited.
[3] On the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss.186, 187 and 188 as is relevant to this application for approval has been met.
[4] In accordance with s. 187(5)(a) of the Act, I am satisfied that the Australian Workers Union (AWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AWU and that the AWU have lodged a Form F21 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.
[6] The Agreement is approved and will operate in accordance with s.54 of the Act. From 23 March 2026. The nominal expiry date of the Agreement is 22 March 2030.

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