Application for approval of the Civmec Construction & Engineering Pty Ltd BHP Port Program Project Agreement 2025.

[1] An application has been made for approval of a greenfields agreement known as the Civmec Construction & Engineering Pty Ltd BHP Port Program Project Agreement 2025 (the Agreement). The application was made by Civmec Construction & Engineering Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186, 187, 193 and 193A of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Construction, Forestry and Maritime Employees Union (CFMEU) are 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. The Agreement is expressed to be binding on the employer, various defined Employees, and any union that is a signatory to the Agreement. On 28 November 2025, the employer and each of the AMWU, CEPU and CFMEU signed a copy of the Agreement (and, for the purposes of s 182(3) that is when the Agreement was 'made'). While the CEPU is a signatory to the Agreement, it declined to submit a Form F21 declaration. Notwithstanding, I am satisfied on the material before me, including the declarations from the AMWU and CFMEU, that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU, CEPU and CFMEU and that the Agreement covers these organisations.

[4] The Agreement was approved on 17 December 2025 and, in accordance with s.54 of the Act, will operate from 24 December 2025. The nominal expiry date of the Agreement is 16 December 2029.

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