Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2601

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/2398)

THE TRUSTEE FOR THE PRO PATCHING SERVICES DISCRETIONARY TRADING TRUST T-AS PRO PATCHING SERVICES /CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 5 AUGUST 2025

Application for approval of The Trustee for The Pro Patching Services Discretionary Trading Trust t-as Pro Patching Services/ CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as The Trustee for The Pro Patching Services Discretionary Trading Trust t-as Pro Patching Services/ CFMEU Collective Agreement 2024-2027 (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 29 July 2025.

On 30 July 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 Rebel Hanlon and supporting material which resolved the pre-approval concerns identified.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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 (despite the wording of Clause 5(a) of the Agreement) 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 4 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union applied for the approval of a proposed collective agreement between Pro Patching Services and the union. The application was brought before the Fair Work Commission. The central dispute involved the terms and conditions of employment for workers in the construction industry, specifically those engaged by Pro Patching Services, and whether the proposed agreement met the legal standards for collective agreements under the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement complied with the statutory requirements for approval, including whether it provided for a fair and efficient workplace, and if it adhered to the principles of good faith bargaining. Another issue was whether the agreement included provisions that were not reasonably capable of being characterised as matters for which a collective agreement could be made. The Commission also had to consider if the agreement was consistent with the overarching objective of the Fair Work Act, which includes promoting harmonious, productive, and cooperative workplace relations.

The Commission found that the proposed agreement did indeed meet the statutory requirements and was consistent with the principles of good faith bargaining. It concluded that the agreement provided for a fair and efficient workplace and contained provisions that were reasonably capable of being characterised as matters for which a collective agreement could be made. Furthermore, the Commission determined that the agreement promoted harmonious, productive, and cooperative workplace relations, thus aligning with the objectives of the Fair Work Act.

The Commission approved the collective agreement, allowing it to come into effect on the specified date. The decision underscored the importance of ensuring that collective agreements not only meet legal standards but also foster positive workplace relations and address the needs of both employers and employees.

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