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[8]
austlii:cth/FWCA/2025/4328
General information, not legal advice.
FWCA
2025-12-19
Original judgment source is linked above.
s.185 - Enterprise agreement
WESBEAM PTY LTD & CFMEU ENTERPRISE AGREEMENT (VICTORIAN OPERATIONS) 2025 - 2028
Application for approval of the Wesbeam Pty Ltd & CFMEU Enterprise Agreement (Victorian Operations) 2025 - 2028.
[1] An application has been made for approval of an enterprise agreement known as the Wesbeam Pty Ltd & CFMEU Enterprise Agreement (Victorian Operations) 2025 - 2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wesbeam Pty Ltd T/A Wesbeam. The Agreement is a single enterprise agreement.
[2] 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.
[3] The Construction, Forestry and Maritime Employees Union (CFMEU) 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.
[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2025. The nominal expiry date of the Agreement is 3 October 2028.
[5] After conferring with the parties, I have decided to vary the Agreement pursuant to section 218A. There is no doubt that there is a capacity to vary the agreement prior to its approval and in conjunction with the approval decision.[1] This includes in circumstances, as was the case here, to correct or amend an obvious error, defect or irregularity in the Agreement. The variations that I order reflect the agreement of the parties and are as follows:
The cover page and clause 1 (Title) refers to the title of the Agreement as 'Wesbeam Pty Ltd & CFMMEU Enterprise Agreement (Victorian Operations) 2025-2028' - this has been amended to 'Wesbeam Pty Ltd & CFMEU Enterprise Agreement (Victorian Operations) 2025-2028'.
Clause 5 (Parties Bound) refers to 'The Construction, Forestry, Maritime, Mining and Energy Union - Manufacturing Division' (CFMMEU) - this has been amended to 'The Construction, Forestry and Maritime Employees Union - Manufacturing Division' (CFMEU).
Clause 6.10 refers to the CFMMEU - this has been amended to 'CFMEU'.
[6] These amendments will take effect on the date of this decision. A copy of the Agreement as varied is provided with this decision.
[1] BHP Coal Ltd [2023] FWCA 115, Buller Ski Lifts Pty Ltd [2023] FWCA 844, Gippsland NDT Services [2024] FWCA 3838.
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