Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2745

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/2600)

ABSAFE-POWER INDUSTRY CFMEU ENTERPRISE AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 15 AUGUST 2025

Application for approval of the ABSAFE-POWER INDUSTRY CFMEU ENTERPRISE AGREEMENT 2025

An application has been made for approval of an enterprise agreement known as the ABSAFE-POWER INDUSTRY CFMEU ENTERPRISE AGREEMENT 2025 (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 12 August 2025.

On 12 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 Brendan Mizzi and submissions which resolved the pre-approval concerns identified.

There are two National Employment Standard (NES) issues that require comment:

· Clause 21.6 appears to omit the entitlement to leave after the stillbirth of a child of the employee or a member of the employee’s immediate family or household as per s.105(1)(b) of the Act or after the employee or the employee’s spouse or de facto partner has a miscarriage as per s.105(1)(c) of the Act.
· Clause 21.10.7 provides ‘The employee shall, as soon as reasonably practicable and within eight (8) hours of the commencement of such absence inform the Company of inability to attend, and as far as practicable, state the nature of the injury or illness and the estimated duration of the absence’. This appears to provide a more stringent notice requirement than permitted by s.107(2)(a) of the Act, which provides that the notice must be given to the employer as soon as practicable (which may be a time after the leave has started).

Clause 6(1) of the Agreement acts as an effective NES precedence clause. As a result, the above clauses will not apply to the extent they are inconsistent with the NES.

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 matter before the Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for approval of the ABSAFE-POWER INDUSTRY CFMEU ENTERPRISE AGREEMENT 2025. The dispute centred on the terms and conditions of employment for workers in the power industry, specifically addressing wages, hours of work, and other employment-related matters. The Commission was tasked with determining whether the proposed enterprise agreement was fair and appropriate for the employees covered by the agreement.

The legal issues before the Commission were primarily concerned with whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission needed to consider whether the agreement met the "better off overall test" (BOOT), which requires that employees be no worse off financially and at least some employees better off financially under the agreement compared to their existing terms and conditions. Additionally, the Commission examined whether the agreement was free from any illegality or unfairness and whether it was consistent with the principles of the National Employment Standards.

The Fair Work Commission concluded that the proposed ABSAFE-POWER INDUSTRY CFMEU ENTERPRISE AGREEMENT 2025 was fair and appropriate for the employees. The Commission found that the agreement met the BOOT, with several employees experiencing financial improvements under the new terms. The Commission also determined that the agreement was free from any illegality or unfairness and complied with the National Employment Standards. The decision was based on the detailed analysis of the financial implications of the agreement, the bargaining process, and the fairness of the terms proposed.

The final orders of the Commission included the approval of the ABSAFE-POWER INDUSTRY CFMEU ENTERPRISE AGREEMENT 2025, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the terms would apply to the employees covered by the agreement. The decision was binding on the parties and would govern the employment conditions of the workers in the power industry for the duration of the agreement.

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