Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2760

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2652)

VERTI PROJECTS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 28 AUGUST 2025

Application for approval of the Verti Projects Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of a greenfields agreement known as the the Verti Projects Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act).

This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

In accordance with s.187(5) of the Act, I am satisfied that the Construction, Forestry and Maritime Employees Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the work that is to be performed under it, and that it is in the public interest to approve the Agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to the application for approval of the Agreement have been met.

Pursuant to s.53(2)(b) of the Act, I note that the Agreement was made with the Construction, Forestry and Maritime Employees Union, and that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union sought approval of a proposed collective agreement with Verti Projects Pty Ltd. The agreement, covering the period 2023 to 2027, was intended to regulate employment conditions between the parties. The union argued that the terms were fair and reasonable, while the company raised concerns about certain provisions' impact on its operational flexibility and financial viability.

The primary legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The Commission had to assess if the agreement met the standard of being fair and reasonable, and if it contained any unfair terms that would render it invalid. Additionally, the Commission had to consider the impact of the agreement on the employees' terms and conditions of employment, ensuring that it provided a fair balance of rights and obligations for both parties.

The Fair Work Commission found that the majority of the provisions in the proposed agreement were fair and reasonable, and did not contain any unfair terms. The Commission noted that the agreement provided for a fair balance of rights and obligations between the parties, and that it addressed the interests of both the union and the company. The Commission also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. Based on these findings, the Commission approved the proposed agreement, subject to certain minor modifications to address the company's concerns about operational flexibility.

The Fair Work Commission's decision to approve the proposed agreement, subject to minor modifications, provides clarity and certainty for both the union and the company. The decision highlights the importance of achieving a fair balance of rights and obligations in collective agreements, and underscores the Commission's role in ensuring that such agreements are in the best interests of employees. The final orders of the Commission included the approval of the agreement, with the modifications ensuring the company's concerns were adequately addressed.

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