Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2347

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2111)

KEYBUILD SERVICES PTY LTD QTMP BUILDING PROJECT AGREEMENT 2024–2028

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 JULY 2025

Application for approval of the Keybuild Services Pty Ltd QTMP Building Project Agreement 2024–2028

An application has been made for approval of an enterprise agreement known as the Keybuild Services Pty Ltd QTMP Building Project Agreement 2024–2028 (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 19 May 2025 and the Agreement was made on 18 June 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 24 July 2025. The nominal expiry date of the Agreement is 2 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry and Maritime Employees Union to have the Keybuild Services Pty Ltd Qualified Training Provider Building Project Agreement 2024–2028 approved. The dispute centred around the terms of the agreement, which outlined the roles, responsibilities, and conditions for employees within the specified project period. The court was tasked with determining whether the agreement met the necessary legal standards under relevant industrial legislation.

The primary legal issue was whether the agreement provided adequate protection for employees, ensuring fair and reasonable terms. This included examining the provisions related to wages, working conditions, dispute resolution mechanisms, and the overall compliance with the relevant industrial awards and agreements. The court had to assess whether the agreement was in line with the statutory requirements and provided a fair balance of interests between the employer and the employees.

The court carefully reviewed the agreement, considering both the statutory framework and the common law principles governing industrial agreements. It found that the agreement contained provisions that adequately protected the rights and interests of the employees. The court concluded that the agreement was fair and reasonable, and it approved the Keybuild Services Pty Ltd Qualified Training Provider Building Project Agreement 2024–2028. The decision was based on the comprehensive nature of the agreement, which included provisions that aligned with the relevant industrial awards and agreements, and provided mechanisms for resolving disputes fairly.

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