Construction, Forestry and Maritime Employees Union

[2025] FWCA 2934

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2789)

THE TRUSTEE FOR R AND K UNIT TRUST T/AS D.B. FARRELL'S PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 1 SEPTEMBER 2025

Application for approval of The Trustee for R and K Unit Trust T/As D.B. Farrell's Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as The Trustee for R and K Unit Trust T/As D.B. Farrell's Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 26 August 2025.

On 27 August 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of Tim Woods and a revised Form F17B which resolved the pre-approval concerns identified.

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 & Mobile Crane Hiring Award 2020 which has the result of remedying any defect.

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.

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.

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 2 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by the trustee of the R and K Unit Trust, trading as D.B. Farrell's Pty Ltd, in conjunction with the Construction, Forestry and Maritime Employees Union (CFMEU), seeking approval of a proposed collective agreement for the period 2023–2027. The matter was heard in the Fair Work Commission. The union and the employer were in dispute over certain terms and conditions of employment, necessitating the court's intervention to assess the fairness and appropriateness of the agreement in question.

The court was required to determine whether the proposed collective agreement complied with the relevant statutory provisions under the Fair Work Act 2009. Specifically, the court needed to assess whether the agreement met the requirements for good faith bargaining, fairness, and whether it contained terms that were not genuinely necessary for the operation of the business. Additionally, the court had to consider the implications of any non-compliance and whether the agreement should be approved despite minor deficiencies.

In delivering its decision, the court examined the negotiation process and the terms of the proposed agreement. The court found that while there were some minor procedural issues, the overall process of bargaining had been conducted in good faith. The terms of the agreement were found to be fair and reasonable, and the court determined that the benefits to the employees outweighed any potential detriment to the employer. Consequently, the court approved the collective agreement, subject to certain minor amendments to address the identified procedural issues.

The final orders of the court approved the CFMEU Union Collective Agreement 2023–2027 with the specified amendments. The court mandated that the trustee of the R and K Unit Trust and the CFMEU comply with the amended terms and conditions, ensuring that the agreement was implemented in a manner consistent with the court's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established