Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2073

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1851)

BUILDUP INTERIOR AUST PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 JUNE 2025

Application for approval of the Buildup Interior Aust Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of a Greenfields agreement known as the Buildup Interior 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). It has been made by the Construction, Forestry and Maritime Employees Union.

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 Agreement was made on 6 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 3 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 case involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of a collective agreement with Buildup Interior Aust Pty Ltd for the years 2024 to 2027. The application was heard by the Fair Work Commission (FWC) under the Fair Work Act 2009, which empowers the FWC to approve collective agreements that meet certain criteria. The union sought approval for the agreement to ensure that the terms and conditions of employment for the workers were fair and appropriate.

The legal issues before the FWC included whether the agreement was a genuine collective agreement, whether it complied with the requirements of the Act, and whether it contained terms that were consistent with the principles of the Act, including provisions for employee protections and workplace fairness. The court needed to examine the content of the agreement, its negotiation process, and its implications for the employees and the employer.

In delivering its decision, the FWC reviewed the agreement in detail and assessed it against the statutory criteria. The FWC noted that the agreement had been negotiated in good faith and was comprehensive, covering various aspects of employment including wages, hours of work, and dispute resolution mechanisms. The FWC found that the agreement met the requirements of the Act and contained terms that were fair and reasonable for the employees. The FWC approved the agreement, recognising its potential to provide stability and certainty in the workplace.

The final orders of the FWC were that the Buildup Interior Aust Pty Ltd / CFMEU Collective Agreement 2024-2027 be approved and registered under the Fair Work Act 2009, effective from 1 January 2024.

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