Construction, Forestry and Maritime Employees Union

[2025] FWCA 2109

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1890)

CUSTOM CEILINGS (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 JUNE 2025

Application for approval of the Custom Ceilings (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Custom Ceilings (NSW) 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 30 April 2025 and the Agreement was made on 5 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 7 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 parties to the proceedings were Custom Ceilings (NSW) Pty Ltd and the Construction, Forestry and Maritime Employees Union, which sought approval of a collective agreement between the two parties for the period 2024-2027. The Fair Work Commission heard the application, tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The legal issues revolved around whether the agreement complied with the provisions of the Act, particularly concerning the negotiation process, coverage, and terms and conditions of employment. The Commission was required to consider if the agreement was genuinely negotiated, if it was made in good faith, and if it complied with any applicable minimum standards.

The Commission examined the evidence presented by both parties regarding the negotiation process, finding that the agreement was indeed the result of genuine negotiations between the employer and the union. The terms and conditions outlined in the agreement were also assessed to ensure they complied with the minimum standards set out in the Fair Work Act. After thorough consideration, the Commission concluded that the agreement met all the necessary criteria for approval. The Commission approved the collective agreement, acknowledging its compliance with the legal standards and the genuine negotiation process.

The Fair Work Commission's decision to approve the collective agreement between Custom Ceilings (NSW) Pty Ltd and the Construction, Forestry and Maritime Employees Union was grounded in the evidence of genuine negotiation and compliance with statutory minimum standards. The agreement was found to be in good faith and met the requirements for approval under the Fair Work Act. Consequently, the Commission issued an order approving the Custom Ceilings (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027, effective from the date of the decision. This approval ensures that the terms and conditions of employment for the specified period are legally binding and enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established