austlii:cth/FWCA/2026/191
General information, not legal advice.
FWCA
2026-01-30
Original judgment source is linked above.
s.185 - Enterprise agreement
Qanstruct (Aust) Queensland Pty Ltd As Trustee For The Qanstruct (Aust) Queensland Unit Trust
QANSTRUCT (AUST) QUEENSLAND PTY LTD AS THE TRUSTEE FOR QANSTRUCT (AUST) QUEENSLAND UNIT TRUST AND CFMEU UNION - BNE4 PROJECT AGREEMENT - 2023-2028
Application for approval of the Qanstruct (Aust) Queensland Pty Ltd as the trustee for Qanstruct (Aust) Queensland Unit Trust and CFMEU Union - BNE4 Project Agreement - 2023-2028
[1] An application has been made for approval of a Greenfields agreement known as the Qanstruct (Aust) Queensland Pty Ltd as the trustee for Qanstruct (Aust) Queensland Unit Trust and CFMEU Union - BNE4 Project Agreement - 2023-2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Qanstruct (Aust) Queensland Pty Ltd As Trustee For The Qanstruct (Aust) Queensland Unit Trust.
[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The Agreement was made on 16 December 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
[3] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
[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) I note that the Agreement covers the organisation.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2026. The nominal expiry date of the Agreement is 2 July 2028.
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