Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2186

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1997)

LINDORES PERSONNEL NO.1 PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 JULY 2025

Application for approval of the Lindores Personnel No.1 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 Lindores Personnel No.1 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 3 July 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a collective agreement between the Construction, Forestry and Maritime Employees Union (CFMEU) and Lindores Personnel No.1 Pty Ltd. The agreement, covering the period from 2023 to 2027, was brought before the court to ensure its compliance with relevant legislative provisions. The court was asked to determine whether the agreement met all statutory requirements and if it was in the best interest of the employees involved.

The central legal issues revolved around the interpretation and application of the relevant sections of the Fair Work Act 2009. Specifically, the court had to assess whether the agreement adhered to the provisions regarding procedural fairness, the protection of employees' rights, and the avoidance of unfair discrimination. Additionally, the court examined whether the agreement facilitated a fair and effective dispute resolution process, as mandated by the Act.

In delivering the judgment, the court meticulously reviewed each clause of the agreement to ensure it aligned with the statutory framework. The court found that the agreement was procedurally fair, adequately protected the rights of the employees, and did not unfairly discriminate against any group. The provisions for dispute resolution were also deemed to be robust and fair. Consequently, the court approved the collective agreement, recognising it as being in the best interest of the employees and compliant with all statutory requirements.

The final orders of the court included the approval of the Lindores Personnel No.1 Pty Ltd and CFMEU Union Collective Agreement 2023–2027, recognising its validity and enforceability under the Fair Work Act 2009. This decision provides clarity and certainty for the parties involved, ensuring that the agreement can be implemented without further legal impediments.

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