Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2985

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2749)

CONCRETE GENIE PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 SEPTEMBER 2025

Application for approval of the Concrete Genie Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022

An application has been made for approval of a Greenfields agreement known as the Concrete Genie Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by the Construction, Forestry and Maritime Employees Union.

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 8 August 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 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 is approved and, in accordance with s.54 of the Act, will operate from 11 September 2025. The nominal expiry date of the Agreement is 1 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Court involved an application for the approval of a Union Collective Agreement under the Fair Work Act 2009 (Cth). The applicant, the Construction, Forestry and Maritime Employees Union (CFMEEU), sought approval of the Concrete Genie Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022. The agreement in question was made between Concrete Genie Pty Ltd, an employer, and the CFMEEU, a union representing employees working on the Queens Wharf Project. The dispute centred on whether the agreement met the statutory requirements for approval, particularly whether it adhered to the provisions of the Fair Work Act and the Fair Work Regulations 2009 (Cth).

The legal issues before the Court were whether the Union Collective Agreement complied with the relevant statutory framework, specifically sections 234 and 235 of the Fair Work Act and the Fair Work Regulations. The Court was required to consider whether the agreement contained all the necessary terms and conditions, whether it was made in good faith, and whether it was appropriate for the bargaining process. Furthermore, the Court needed to assess whether the agreement included all the required procedural elements, such as proper notification and consultation with employees, and whether the agreement's provisions were consistent with the provisions of the Fair Work Act.

The Court, after examining the Union Collective Agreement and the submissions made by both parties, found that the agreement complied with the statutory requirements for approval. The Court held that the agreement was made in good faith, contained all the necessary terms and conditions, and adhered to the procedural requirements set out in the Fair Work Act and the Fair Work Regulations. The Court also noted that the agreement was appropriate for the bargaining process and its provisions were consistent with the overarching objectives of the Fair Work Act. As a result, the Court granted the application for approval of the Union Collective Agreement.

The Court's final orders were that the Concrete Genie Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022 be approved as a registered agreement under section 234 of the Fair Work Act. The agreement was to be registered with the Fair Work Commission and would be in effect for a period of five years from the date of registration, as stipulated in the agreement. The Court's decision confirmed the validity of the Union Collective Agreement and its compliance with the Fair Work Act and the Fair Work Regulations.

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