Application for approval of the FAIRWIND AUS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Wind Turbine Erection Enterprise Agreement Golden Plains 2, 2025-2028

[1] An application has been made for approval of an enterprise agreement known as the FAIRWIND AUS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Wind Turbine Erection Enterprise Agreement Golden Plains 2, 2025-2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Fairwind Aus Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 15 August 2025.

[3] There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

[4] The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[5] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2028.

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