Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2580

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2280)

D GROUP CIVIL PTY LIMITED AND CFMEU ACT DEMOLITION, CIVIL AND INFRASTRUCTURE SECTORS NSOP PROJECT AGREEMENT 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 AUGUST 2025

Application for approval of the D Group Civil Pty Limited and CFMEU ACT Demolition, Civil and Infrastructure Sectors NSOP Project Agreement 2025

An application has been made for approval of an enterprise agreement known as the D Group Civil Pty Limited and CFMEU ACT Demolition, Civil and Infrastructure Sectors NSOP Project Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 25 February 2025 and the Agreement was made on 9 July 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2025. The nominal expiry date of the Agreement is 31 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between D Group Civil Pty Limited and the Construction, Forestry and Maritime Employees Union ACT Demolition, Civil and Infrastructure Sectors NSOP Project Agreement 2025. The primary dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it provided fair and reasonable terms for the employees covered by the agreement.

The legal issues that the Fair Work Commission had to address included whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act, whether it contained terms that were genuinely negotiated, and whether the terms of the agreement were fair and reasonable. The Commission also needed to consider whether the agreement adequately covered the essential aspects of the employment relationship, including wages, hours of work, and other conditions of employment.

In its decision, the Fair Work Commission examined the evidence provided by both parties and assessed whether the procedural fairness requirements had been met. The Commission considered the process of negotiation, the conduct of the parties, and whether there was genuine bargaining. The Commission also evaluated the terms of the agreement to determine if they were fair and reasonable, taking into account the interests of both the employer and the employees. The Commission concluded that the agreement had been genuinely negotiated and that it provided fair and reasonable terms for the employees.

The Fair Work Commission approved the D Group Civil Pty Limited and CFMEU ACT Demolition, Civil and Infrastructure Sectors NSOP Project Agreement 2025, noting that it met the statutory requirements and provided fair and reasonable terms for the employees. The Commission found that the agreement was made in accordance with the procedural requirements of the Fair Work Act, and that it adequately covered the essential aspects of the employment relationship. The approval of the agreement ensures that the parties are bound by its terms and conditions, providing certainty and stability in the workplace.

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