Construction, Forestry and Maritime Employees Union

[2025] FWCA 2308

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2033)

SUSTAINABLE FORCES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the Sustainable Forces Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Sustainable Forces 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 22 May 2025 and the Agreement was made on 19 June 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 21 July 2025. The nominal expiry date of the Agreement is 4 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of a collective agreement with Sustainable Forces Pty Ltd for the period 2024 to 2027. The primary focus of the application was to ensure that the terms and conditions of employment outlined in the agreement were fair and balanced, considering both the interests of the employees and the operational needs of the employer. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues central to the Commission's decision centred on the compliance of the agreement with relevant provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. The Commission needed to assess whether the agreement contained mandatory terms that were fair and reasonable, whether it provided for genuine collective bargaining, and if the agreement met the requirements for registration as a Green Fields Agreement. Additionally, the Commission examined whether the agreement included appropriate dispute resolution mechanisms and provisions that adhered to the principles of procedural fairness.

In reaching its decision, the Commission thoroughly reviewed the submissions and evidence provided by both parties. It considered the nature of the industry, the bargaining positions of the parties, and the implications of the proposed terms for both employees and the employer. The Commission found that the agreement contained terms that were fair and reasonable, reflecting a balanced consideration of the interests of both parties. It concluded that the agreement demonstrated genuine collective bargaining and met the statutory requirements for registration. Therefore, the Commission approved the application for the collective agreement's registration.

Consequently, the Commission approved the application for the registration of the Sustainable Forces Pty Ltd / CFMEU Collective Agreement 2024-2027, finding it to be fair and reasonable, and in compliance with the relevant legislative requirements. This decision ensured that the terms of employment were legally binding and provided a framework for industrial relations within the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established