Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2278

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2139)

RG PROJECT GROUP 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 RG Project Group Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the RG Project Group 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 21 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 Construction, Forestry and Maritime Employees Union sought approval for the collective agreement with RG Project Group Pty Ltd for the period 2024-2027, which was submitted to the Fair Work Commission. The matter was heard by Commissioner McGrath, who needed to determine whether the agreement met the requirements of the Fair Work Act. The central legal issues involved assessing the fairness of the agreement, its compliance with the relevant provisions of the Act, and whether it contained any unfair terms.

The Commission focused on whether the agreement adhered to the good faith bargaining provisions and whether it was made without coercion, undue influence, or other unfair practices. The court also considered the impact of the agreement on employees' rights and the balance of bargaining power between the parties. After a thorough examination of the evidence and submissions, the Commission found that the agreement was made in good faith and without any unfair practices. The terms were deemed fair and reasonable, and the agreement was approved.

The Commission's decision hinged on the evidence presented, which demonstrated that both parties had engaged in genuine bargaining without any undue influence or coercion. The terms of the agreement were fair and balanced, providing adequate protections for employees while allowing the employer to operate effectively. Consequently, the Commission granted approval for the collective agreement, enabling it to take effect as per the stipulated period.

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