Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2304

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2083)

FINEFORM PTY LTD AND CFMEU (WA) GREENFIELDS AGREEMENT 2025 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 JULY 2025

Application for approval of the Fineform Pty Ltd and CFMEU (WA) Greenfields Agreement 2025 - 2027

An application has been made for approval of a greenfields agreement known as the Fineform Pty Ltd and CFMEU (WA) Greenfields Agreement 2025 - 2027 (the Agreement). The application was made by Construction, Forestry and Maritime Employees Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry and Maritime Employees Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note that several clauses are inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 5.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry and Maritime Employees Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Construction, Forestry and Maritime Employees Union (WA) for approval of the Fineform Pty Ltd and CFMEU (WA) Greenfields Agreement 2025 - 2027. The application was brought before the Fair Work Commission. The central dispute was whether the agreement met the necessary legal standards and was in the best interest of the employees involved.

The key legal issues before the court were whether the agreement was a genuine enterprise agreement, whether it complied with the relevant provisions of the Fair Work Act 2009, and if it provided for the fair and efficient resolution of workplace issues. Additionally, the court had to consider whether the agreement was made without coercion and if it was fair and reasonable in all its aspects.

The Fair Work Commission considered the provisions of the Fair Work Act and the principles of good faith bargaining. The Commission found that the agreement was genuinely an enterprise agreement, as it was made without coercion and was a product of good faith negotiations. It met all the legal requirements and was deemed to be in the best interest of the employees, providing them with fair terms and conditions. Consequently, the Commission approved the agreement, recognising its compliance with the statutory requirements and its fairness to the employees.

The final orders of the Commission were to approve the Fineform Pty Ltd and CFMEU (WA) Greenfields Agreement 2025 - 2027 as a certified agreement under the Fair Work Act. This approval allowed the agreement to take effect and be binding on the parties involved.

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