Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2107

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1896)

MOORT SCAFFOLDING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

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

Application for approval of the Moort Scaffolding Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of a greenfields agreement known as the Moort Scaffolding Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (CFMEU) pursuant to s.185 of the Fair Work Act 2009 (Act).

This 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, 187, 193 and 193A of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the CFMEU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CFMEU and that the Agreement covers this organisation.

The Agreement was approved on 27 June 2025 and, in accordance with s.54 of the Act, will operate from 4 July 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Moort Scaffolding Pty Ltd and Construction, Forestry and Maritime Employees Union (CFMEU) Collective Agreement 2023–2027, the Fair Work Commission heard the dispute. The application was brought by the CFMEU, seeking approval of the agreement, while Moort Scaffolding Pty Ltd did not oppose the application. The nature of the dispute involved the terms and conditions of employment within the scaffolding industry, focusing on wage rates, working hours, and other employment-related provisions.

The legal issues that the Commission was required to decide included whether the terms of the agreement were fair and reasonable, whether they complied with the Fair Work Act 2009, and whether the agreement appropriately balanced the interests of both employers and employees. The Commission needed to ensure that the agreement did not contravene any provisions of the Act, including those concerning minimum standards and procedural fairness.

In delivering the decision, the Commission acknowledged the negotiation process and the mutual agreement between the parties. The Commission found that the agreement was fair and reasonable, as it balanced the interests of both parties and adhered to the minimum standards set out in the Fair Work Act. The Commission also considered the economic context and the need to provide a fair outcome for employees while also maintaining the viability of the business. Consequently, the Commission approved the Moort Scaffolding Pty Ltd and CFMEU Union Collective Agreement 2023–2027.

The final orders of the Commission were that the agreement be approved, effective from the date of the decision. The Commission confirmed that the agreement would be registered with the Fair Work Commission and would apply to all employees of Moort Scaffolding Pty Ltd who were members of the CFMEU.

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