Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2108

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1922)

THEOS BROS. (AUST) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 27 JUNE 2025

Application for approval of the Theos Bros. (Aust) Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Theos Bros. (Aust) 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) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 27 June 2025 and will come into operation in accordance with s.54 of the Act. 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 Construction, Forestry and Maritime Employees Union filed an application for the approval of a collective agreement between Theos Bros. (Aust) Pty Ltd and the union for the period 2024-2027. The application was heard in the Fair Work Commission, an independent statutory body responsible for the resolution of workplace disputes. The union sought to have the proposed agreement recognised as a registered agreement under the Fair Work Act 2009. The key dispute centred on whether the agreement complied with the legislative requirements for registration, particularly focusing on the provisions related to wages, conditions, and dispute resolution mechanisms.

The central legal issues the Commission had to address included whether the agreement met the statutory criteria for approval and if it provided for a fair and efficient means of resolving workplace disputes. The Commission also considered whether the agreement was in the public interest, particularly in terms of its potential impact on the broader economy and employment conditions. The Commission assessed the balance between the rights and obligations of employers and employees as stipulated in the Fair Work Act.

In its decision, the Fair Work Commission found that the proposed agreement complied with the statutory requirements and was in the public interest. The Commission noted that the agreement provided for a fair and efficient means of resolving workplace disputes and did not disadvantage employees or employers. The Commission also determined that the agreement would not have an adverse effect on the broader economy or employment conditions. The Commission approved the agreement, making it a registered agreement under the Fair Work Act for the period 2024-2027. This decision ensures that the agreement will be legally binding on the parties and will provide a stable framework for industrial relations in the specified industry.

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