Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2473

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2346)

DURNCO COMMERCIAL (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 29 JULY 2025

Application for approval of the Durnco Commercial (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Durnco Commercial (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). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 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 case involves an application for the approval of a collective agreement between Durnco Commercial (NSW) Pty Ltd and the Construction, Forestry and Maritime Employees Union (CFMEU). The matter was brought before the Fair Work Commission (FWC), Australia's independent workplace relations tribunal. The primary issue was whether the terms of the collective agreement met the legal requirements set out in the Fair Work Act 2009, specifically whether it contained provisions that were contrary to the public interest, unfair, or did not promote systemically higher wages and conditions.

The FWC examined the collective agreement clause by clause, assessing its compliance with the statutory requirements. The Commission noted that the agreement included provisions that, while not necessarily promoting higher wages and conditions, did not contravene public interest or fairness standards. The agreement addressed various employment conditions, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The FWC also considered submissions from the parties and relevant stakeholders to ensure that the agreement would not lead to adverse economic consequences for the industry or the workforce.

After careful consideration, the FWC approved the collective agreement, finding it to be consistent with the legislative framework. The FWC determined that the agreement did not contain provisions that were contrary to public interest or unfair, and it did not hinder the promotion of higher wages and conditions systemically. The FWC also noted that the agreement provided a fair balance of rights and obligations between the employer and the employees.

The FWC's decision was made on the basis that the collective agreement met the necessary legal standards and would not have detrimental effects on the industry or the workforce. The approval of the agreement was subject to certain conditions, ensuring that it would be implemented in a manner that adhered to the Fair Work Act and promoted fair and equitable workplace relations.

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