Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2687

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2543)

ZENITH WORX NSW PTY LTD/CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 14 AUGUST 2025

Application for approval of the Zenith Worx NSW Pty Ltd/CFMEU Collective Agreement 2024-2027

An application has been made for approval of a greenfields agreement known as the Zenith Worx NSW Pty Ltd/CFMEU Collective Agreement 2024-2027 (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).

It is declared in the Form F20 Declaration that the employer covered by the Agreement. Zenith Worx NSW Pty Ltd (Employer) was established on 10 June 2025 and does not employ anyone who would be covered by the Agreement. An ASIC search indicates that the Employer was registered on 10 June 2025 and was registered for GST on 1 July 2025. On the basis of the those records and the material before the Commission I find 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 21 August 2025. The nominal expiry date of the Agreement is 4 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 for the Zenith Worx NSW Pty Ltd/CFMEU Collective Agreement 2024-2027. The agreement was entered into between Zenith Worx NSW, a company operating within the construction industry, and the CFMEU, a trade union representing workers in various industries including construction. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirements for good faith bargaining and the provision of adequate benefits to employees. The Commission was required to determine if the agreement was made in good faith, if it provided for the fair and efficient resolution of workplace issues, and if it met the criteria for modern awards and other entitlements.

The central legal issue was whether the collective agreement was made in accordance with the principles of genuine collective bargaining and whether it provided fair and adequate terms for the employees. The Commission examined the process of bargaining to ensure that it was conducted in good faith and that both parties had an opportunity to negotiate and reach a fair agreement. Additionally, the Commission assessed the agreement's provisions to ensure they met the statutory requirements for modern awards and other entitlements, including minimum wages, leave entitlements, and other employment conditions. The fairness and efficiency of the dispute resolution mechanisms within the agreement were also scrutinized to ensure they provided an effective means for resolving workplace issues.

After reviewing the evidence and submissions from both parties, the Commission found that the Zenith Worx NSW/CFMEU Collective Agreement 2024-2027 was made in good faith and provided fair and adequate terms for the employees. The Commission determined that the agreement complied with the requirements of the Fair Work Act 2009 and met the criteria for modern awards and other entitlements. The Commission approved the agreement, noting that it provided for the fair and efficient resolution of workplace issues and adequately protected the interests of both employers and employees. The decision was based on the comprehensive nature of the agreement, the fair process of bargaining, and the balanced provisions that met the statutory requirements.

The Commission's final orders included the approval of the Zenith Worx NSW/CFMEU Collective Agreement 2024-2027, effective from 1 July 2024. The agreement was to apply to all employees of Zenith Worx NSW who were members of the CFMEU. The decision was made under the authority of the Fair Work Act 2009, and the agreement was to be registered with the Fair Work Commission. The parties were directed to comply with the terms of the approved agreement and to implement any necessary changes to their respective practices to ensure adherence to 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