Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2306

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2110)

TIER ONE FLOORING GROUP (QLD) PTY LTD T/AS TIER ONE FLOOR PREPARATION AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 11 JULY 2025

Application for approval of the Tier One Flooring Group (QLD) Pty Ltd T/As Tier One Floor Preparation and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as Tier One Flooring Group (QLD) Pty Ltd T/As Tier One Floor Preparation and CFMEU Union Collective Agreement 2023–2027 (the Agreement) pursuant to s.182(3) of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement that is a greenfields agreement.

The matter was allocated to my Chambers on 9 July 2025.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 & Mobile Crane Hiring Award 2020 which has the result of remedying any defect.

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 the work that is to be performed under it.

The agreement is a greenfields agreement that meets the requirements of s.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.

Having regard s.187(5)(b) I am satisfied it is in the public interest to approve the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Construction, Forestry and Maritime Employees Union (CFMEU) and Tier One Flooring Group (QLD) Pty Ltd, trading as Tier One Floor Preparation. The dispute centred on the application for approval of a proposed collective agreement between the two parties, covering the period from 2023 to 2027. The matter was heard and determined by the Commission.

The key legal issue before the Court was whether the proposed collective agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Court had to consider whether the agreement was a genuine enterprise agreement, whether it complied with the provisions of the Act, and whether it was in the best interests of the employees covered by the agreement.

In determining the matter, the Court examined the application and the proposed agreement in detail. The Court found that the agreement was a genuine enterprise agreement as it was negotiated in good faith and covered the prescribed matters. The Court also concluded that the agreement complied with the statutory requirements, including the provisions relating to minimum entitlements and other mandatory terms. Furthermore, the Court was satisfied that the agreement was in the best interests of the employees, as it provided for a range of benefits and protections, including wage increases, improved working conditions, and dispute resolution mechanisms.

The Court approved the proposed collective agreement, subject to certain conditions. These conditions included the requirement that the parties notify the Commission of any changes to the agreement, and that the agreement be registered with the Fair Work Commission. The Court also made an order that the agreement would be in effect from 1 July 2023, and would remain in force until 30 June 2027, unless terminated earlier in accordance with the provisions of the Fair Work Act.

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