Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3049

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2959)

NEW CENTURY GROUP AUSTRALIA II PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 9 SEPTEMBER 2025

Application for approval of the New Century Group Australia II Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the New Century Group Australia II Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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.

The Agreement was approved on 9 September 2025 and, in accordance with s.54, will operate from 16 September 2025. The nominal expiry date of the Agreement is 4 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of the New Century Group Australia II Pty Ltd/CFMEU Collective Agreement 2024-2027. The New Century Group is an employer within the civil construction industry, and the CFMEU is an industrial organisation representing employees in various industries, including civil construction. The dispute centred around the terms of the proposed agreement, with the CFMEU seeking to have it approved by the FWC. The FWC needed to determine whether the agreement complied with the requirements of the Fair Work Act 2009 (Cth), particularly in relation to the provisions concerning the protection of employees' rights and interests.

The primary legal issue before the FWC was whether the collective agreement adequately safeguarded the employees' rights and interests, in accordance with the provisions of the Fair Work Act. This involved examining the agreement to ensure it met the legislative criteria for approval, including whether it contained provisions that were contrary to the objects of the Act or otherwise unlawful. The FWC also considered whether the agreement provided for the fair and equitable treatment of employees, and whether it was consistent with the principles of the Act, including those relating to minimum standards of employment and the protection of employees' rights.

In reaching its decision, the FWC assessed the collective agreement against the statutory requirements set out in the Fair Work Act. The Commission determined that the agreement contained provisions that were consistent with the objects of the Act and did not contravene any of its provisions. The FWC found that the agreement provided for the fair and equitable treatment of employees, and that it included provisions that were in line with the principles of the Act, including those relating to minimum standards of employment and the protection of employees' rights. Consequently, the FWC approved the agreement, finding that it met the necessary criteria for approval under the Act.

The FWC's final order was to approve the New Century Group Australia II Pty Ltd/CFMEU Collective Agreement 2024-2027, effective from 1 July 2024. The Commission's decision affirmed the validity of the agreement, which now governs the employment conditions of employees within the civil construction industry for the specified period. The approval of the agreement ensures that the terms and conditions of employment are in accordance with the Fair Work Act and provides a framework for the fair and equitable treatment of employees during the duration of the agreement.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established