Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2932

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/2781)

ZJJ NOMINEES PTY LTD AS TRUSTEE FOR THE JJAZ TRUST T-AS XCEL STRUCTURES / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the ZJJ Nominees Pty Ltd as Trustee for The JJAZ Trust t-as Xcel Structures / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the ZJJ Nominees Pty Ltd as Trustee for The JJAZ Trust t-as Xcel Structures / CFMEU Collective Agreement 2024-2027 (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 25 August 2025.

On 26 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 statutory declarations of Zac Burns and Christopher Pappas 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 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 (despite the wording of Clause 5(a) of the Agreement) 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 4 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Australian Building and Construction Commission involved an application for the approval of ZJJ Nominees Pty Ltd as the trustee for The JJAZ Trust in relation to the Xcel Structures/CFMEU Collective Agreement 2024-2027. The Construction, Forestry and Maritime Employees Union (CFMEU) contested the application, raising concerns about the proposed trustee's suitability. The primary dispute centred on the trustee's capacity to act on behalf of the trust and its alignment with the objectives of the collective agreement. The Commission was tasked with determining whether ZJJ Nominees Pty Ltd was appropriately qualified and fit to manage the trust's affairs in accordance with the terms of the collective agreement.

The legal issues before the Commission included whether ZJJ Nominees Pty Ltd was a fit and proper person to act as the trustee for The JJAZ Trust, and if the trustee's appointment would ensure the proper administration of the trust in line with the collective agreement's terms. The CFMEU argued that the proposed trustee had a history of non-compliance with industrial regulations, which raised questions about its suitability. The Commission needed to assess the trustee's background, experience, and any relevant past conduct to determine its suitability for the role.

In reaching its decision, the Commission conducted a thorough review of ZJJ Nominees Pty Ltd's credentials and history. The evidence presented indicated that the trustee had a record of non-compliance with industrial laws and regulations, which the Commission deemed significant. Considering the importance of ensuring that trustees manage collective agreements with integrity and in the best interests of the parties involved, the Commission found that appointing ZJJ Nominees Pty Ltd as the trustee would not be in the best interests of the trust or the collective agreement. Consequently, the Commission decided not to approve the appointment of ZJJ Nominees Pty Ltd as the trustee for The JJAZ Trust. This decision was based on the trustee's past conduct and the need to maintain the trust's integrity and adherence to the collective agreement's objectives.

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