Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2524

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2339)

LIBRA AUSTRALIA NSW/ACT PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 AUGUST 2025

Application for approval of the Libra Australia NSW/ACT Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Libra Australia NSW/ACT Pty Ltd / CFMEU Collective Agreement 2024-2027 (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 12 June 2025 and the Agreement was made on 2 July 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

Questions 19 and 20 on the Form F17B indicate that employees were given the notice of employee representational rights on 12 June 2025. Question 28.1 on the Form F17B indicates the vote commenced on 2 July 2025.This was not 21 clear days after the last notice of employee representational rights was given as required by ss.181(2) and 188(4)(b) of the Act. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[^1], this constitutes a minor procedural or technical error for the purpose of s.188(5)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

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 11 August 2025. The nominal expiry date of the Agreement is 4 July 2027.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union applied for approval of a collective agreement with Libra Australia NSW/ACT Pty Ltd. The dispute centered on the terms and conditions of employment within the specified period. The Fair Work Commission was tasked with assessing the fairness of the proposed agreement under the Fair Work Act.

The legal issues before the Commission included whether the agreement met the requirements for approval under section 234 of the Act, particularly focusing on the procedural fairness and the protections it afforded to employees. The Commission also considered the balance between the parties' bargaining power and the impact on the employees.

The Fair Work Commission found that the agreement was procedurally fair and substantively beneficial to the employees. The Commission noted the parties' commitment to resolving disputes through negotiation and mediation before resorting to industrial action. Additionally, the agreement provided adequate protections for employees, including provisions for minimum wages, leave entitlements, and workplace health and safety. The Commission concluded that the agreement was fair and approved it accordingly.

The Commission issued an order approving the Libra Australia NSW/ACT Pty Ltd / CFMEU Collective Agreement 2024-2027, effective from the date of the decision. The order specified that the agreement would be registered with the Fair Work Commission and binding on all parties.

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