Construction, Forestry and Maritime Employees Union

[2025] FWCA 2614

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2529)

MANAGEMENT AND PROJECT SOLUTIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 AUGUST 2025

Application for approval of the Management and Project Solutions Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of a Greenfields agreement known as the Management and Project Solutions Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a Greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that 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 work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 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

The matter before the Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of a proposed collective agreement with Management and Project Solutions Pty Ltd. The primary dispute centred on the terms and conditions of employment, including wages, hours of work, and dispute resolution mechanisms, as outlined in the proposed collective agreement for the period 2024-2027. The Fair Work Commission, exercising its powers under the Fair Work Act 2009, was tasked with determining whether the agreement should be approved.

The legal issues that the Fair Work Commission needed to address included whether the proposed agreement met the requirements of the Fair Work Act, particularly in relation to ensuring fairness and promoting the best possible outcomes for the employees. This involved assessing whether the agreement provided for proper dispute resolution processes and whether it was free from any unfair terms or conditions that could adversely affect the employees. The Commission also needed to consider whether the agreement complied with the "better off overall test," ensuring that employees would be no worse off financially than under their existing awards.

In reaching its decision, the Fair Work Commission conducted a thorough review of the proposed collective agreement, examining each clause and term. The Commission found that the agreement generally met the statutory requirements and provided for fair and reasonable terms and conditions for the employees. The Commission determined that the agreement was consistent with the objectives of the Fair Work Act and was likely to result in better outcomes for the employees. The Commission was satisfied that the proposed agreement passed the "better off overall test" and was therefore approved as compliant with the statutory framework.

The Fair Work Commission approved the Management and Project Solutions Pty Ltd / CFMEU Collective Agreement 2024-2027, subject to certain minor modifications to address specific concerns regarding clarity and enforceability. The Commission's decision provided certainty and stability for both the employer and the employees, ensuring that the terms of the agreement would be applied in a manner consistent with the principles of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established