Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2921

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2857)

SALEX CEILINGS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 AUGUST 2025

Application for approval of the Salex Ceilings Pty Ltd / CFMEU Collective Agreement 2024-2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Salex Ceilings Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The 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. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 29 August 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for approval of a collective agreement between the CFMEU and Salex Ceilings Pty Ltd for the years 2024 to 2027. The application was heard in the Fair Work Commission. The CFMEU sought to have the agreement recognised and approved under the Fair Work Act 2009, which requires that collective agreements be approved by the Commission if they are to have legal effect.

The legal issues before the Commission centred on whether the agreement complied with the statutory requirements for approval. These included whether the agreement had been genuinely negotiated between the parties, whether it contained mandatory provisions that were necessary for the protection of employees, and whether it complied with the general protections provisions in the Fair Work Act. The Commission also needed to determine if the agreement included any provisions that were contrary to public policy or detrimental to the employees.

In examining the agreement, the Commission noted that it had been genuinely negotiated between the parties and contained provisions that were necessary for the protection of employees, such as provisions for minimum wages, hours of work, and leave entitlements. The Commission found that the agreement did not contain any provisions that were contrary to public policy or detrimental to the employees. Therefore, the Commission concluded that the agreement met the statutory requirements for approval and granted the application for approval.

The Fair Work Commission approved the Salex Ceilings Pty Ltd / CFMEU Collective Agreement 2024-2027, recognising it as a registered agreement under the Fair Work Act 2009. This approval ensures that the terms of the agreement will have legal effect and be enforceable between the parties. The decision provides clarity for both the CFMEU and Salex Ceilings Pty Ltd regarding the terms of their industrial relationship for the specified period.

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