Construction, Forestry and Maritime Employees Union

[2025] FWCA 2296

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2105)

TIER ONE FLOORING GROUP PTY LTD T/AS TIER ONE FLOORING 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 Pty Ltd T/As Tier One Flooring and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as Tier One Flooring Group Pty Ltd T/As Tier One Flooring 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 15 May 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 Construction, Forestry and Maritime Employees Union (CFMEU) applied to the Fair Work Commission for approval of a proposed collective agreement with Tier One Flooring Group Pty Ltd, trading as Tier One Flooring. The proposed agreement, titled the CFMEU Union Collective Agreement 2023–2027, aimed to regulate the terms and conditions of employment for workers within the flooring industry. The parties were in dispute over various aspects of the agreement, including wage rates, work hours, and other employment conditions.

The legal issues before the Commission centred on whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement complied with the provisions for "enterprise agreements" and if it adhered to the "better off overall test". The Commission also needed to consider if the agreement was made in good faith and if it provided for appropriate mechanisms for resolving disputes.

The Commission found that the proposed agreement met the statutory requirements of the Fair Work Act. The agreement was deemed to be an "enterprise agreement" as it was made between an employer and employees in an enterprise. The Commission concluded that the agreement was likely to be better off overall for the employees, as it provided for fair wages and conditions, and met the good faith requirements of the legislation. The Commission approved the agreement, noting that it provided adequate mechanisms for the resolution of disputes between the parties.

The Fair Work Commission approved the CFMEU Union Collective Agreement 2023–2027, effective from 1 July 2023. The agreement sets out the terms and conditions of employment for workers within the flooring industry, including wage rates, work hours, and other employment conditions. The approval of the agreement ensures that the parties are bound by the terms and conditions outlined in the agreement for the duration of its operation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established