Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2226

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2138)

UNITED PERSONNEL TRAFFIC PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 JULY 2025

Application for approval of the United Personnel Traffic Pty Ltd and CFMEU Union Collective Agreement 2023–2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the United Personnel Traffic Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 8 July 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Construction, Forestry and Maritime Employees Union (CFMEU) sought approval of the United Personnel Traffic Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. The dispute centred around the terms and conditions of employment and whether they were consistent with the statutory requirements for collective agreements.

The central legal issue before the Commission was whether the collective agreement was made in good faith and whether it met the criteria for approval under the Fair Work Act. The Commission had to consider whether the agreement contained all the mandated terms and conditions, including minimum rates of pay, and whether it adhered to the principles of enterprise bargaining and good faith negotiation. Additionally, the Commission needed to assess whether the agreement provided for genuine collective bargaining and whether it was likely to promote harmonious, productive and cooperative workplace relations.

After examining the evidence and submissions from both parties, the Fair Work Commission found that the collective agreement was made in good faith and complied with all statutory requirements. The Commission determined that the agreement contained all the mandated terms and conditions, including minimum rates of pay, and was likely to promote harmonious, productive and cooperative workplace relations. The Commission also found that the agreement was the result of genuine collective bargaining between the parties and met the criteria for approval under the Fair Work Act.

Consequently, the Commission approved the United Personnel Traffic Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The final orders of the Commission mandated that the agreement be registered with the Fair Work Commission and that it would have effect from the date of registration, thereby legally binding both the employer and the employees covered by the agreement.

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