Construction, Forestry and Maritime Employees Union

[2025] FWCA 2812

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2786)

ASF STRUCTURES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 AUGUST 2025

Application for approval of the ASF Structures 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 ASF Structures 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 22 August 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union, as the employer representative, applied for approval of a collective agreement with ASF Structures Pty Ltd for the period 2024 to 2027. The agreement, which was the outcome of negotiations between the parties, included provisions relating to wages, conditions, and dispute resolution mechanisms. The union argued that the agreement was fair and reasonable, while ASF Structures Pty Ltd expressed concerns regarding certain provisions, particularly those relating to wage increases and the inclusion of specific clauses.

The primary legal issue before the Commission was whether the collective agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was procedurally sound, in terms of the bargaining process, and substantively fair, considering the interests of both parties. The union contended that the agreement was the product of genuine negotiations and was fair and reasonable, while ASF Structures Pty Ltd argued that certain provisions were not justifiable in the context of the current economic climate and the specific circumstances of the company.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement had been negotiated in good faith and that the union had provided adequate justification for the provisions in question. The Commission was satisfied that the agreement was fair and reasonable, taking into account the interests of both parties and the broader economic context. The Commission approved the collective agreement, highlighting the importance of fair and reasonable agreements in maintaining harmonious industrial relations. No further orders were made beyond the approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established